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/  ^  /^       DEPARTMENT  OF  EDUCATION 

STATE  OF  ALABAMA 


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GENERAL 
PUBLIC  SCHOOL  LAWS 


MARCH  1.  1919 


•  OewN  HINTIN*  OO.  MOHTSOHCHY. 


GIFT  OF 


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DEPARTMENT  OF   EDUCATION 

STATE  OF  ALABAMA 


GENERAL  PUBLIC  SCHOOL  LAWS 


MARCH  1.   1919 


SPRIGHT  DOWELL, 

Superintendent  of  Education 


BROWN  PRINTINQ  CO.   MONTGOMFtir. 


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STATE  DEPARTMENT  OF  EDUCATION 


ADMINISTRATION 

Spright  Dowell,  State  Superintendent  of  Education Montgomery 

Jas.  N.  Gunnels,  Chief  Clerk Montgomery 

T.  L.  Head,  Bookkeeper Montgomery 

M.  B.  Bishop,  Bookkeeper Montgomery 

Aline  Farnham,  Stenographei' Montgomery 

Mrs.  Pearl  M.  Jones Montgomery 

SUPERVISION 

J.  B.  Hohdy,  Rural  School  Agent Montgomery 

J.  S.  Lambert.  Rural  School  Agent Montgomery 

Rose  Sahel,  Stenographer Montgomery 

Jas.  S.  Thomas,  High  School  Inspector University 

TEACHER-TRAINING 

R.  E.  Tidwell,  Director  of  Institutes Montgomery 

Elberta  Taylor,  Conductor  of  Institutes  (for  white) Montgomery 

Clutie  Bloodworth,  Conductor  of  Institutes  (for  white) Montgomery 

Claytie  Thornton,  Conductor  of  Institutes  (for  white) Montgomery 

G.  W.  Trenholm.  Conductor  of  Institutes  (for  negroes). ...Montgomery 
Edith  Garrott,  Conductor  of  Institutes  (for  negroes) Montgomery 

CERTIFICATION   OF   TEACHERS 

Spright  Dowell,  President,  Board  of  Examiners ....Montgomery 

John  B.  Clark,  Secretary,  Board  of  Examiners Montgomery 

Kate  McLemore,  Member,  Board  of  Examiners Montgomery 

Sadie  Frank,   Stenographer ._. Montgomery 

STATE  TEXTBOOK  COMMISSION 

Governor  Thomas  E.  Kilby,  Chairman Montgomery 

Superintendent  Spright  Dowell,  Secretary Montgomery 

Olive  J.   Dodge Mobile 

M.  D.  Pace Troy 

H.  L.  Upshaw Eufaula 

C.  W.   Daugette Jacksonville 

G.  M.  Barnett LaFayette 

C.  C.  Johnson. ; Marion 

E.  P.  Murphy Gadsden 

J.  M.  Atkinson Athens 

Lula    Bradford Birmingham 

J.  W.  Letson Jasper 


«  •  >  *  , 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA 
CHAPTER  41,  CODE  1907. 


ARTICLE  1. 

PUBLIC   SCHOOL   FUND. 

1678.  (3539)  (MS)  Appropriations  for  public  schools. 
For  the  maintenance  of  a  system  of  public  schools  of  the 
State  the  following  sums  of  money  are  hereby  appro- 
priated for  every  scholastic  year,  to-wit: 

1.  The  annual  interest  at  six  per  cent  on  all  sums  of 
money  which  have  heretofore  been  or  which  may  here- 
after be  received  by  the  State,  as  the  proceeds  of  sales  of 
lands  granted  or  entrusted  by  the  United  States  to  the 
State,  or  to  the  several  townships  thereof,  valueless  six- 
teenth section  fund,  and  school  indemnity  fund  for  school 
purposes. 

2.  The  annual  interest  at  four  per  cent  on  that  part  of 
the  surplus  revenue  of  the  United  States  deposited  with 
the  State  under  the  act  of  Congress  approved  June  23, 
1836. 

3.  All  annual  rents,  incomes,  and  profits  or  interest 
arising  from  the  proceeds  of  sales  of  all  such  lands  as 
may  hereafter  be  given  by  the  United  States,  or  by  this 
State,  or  by  individuals,  for  the  support  of  the  public 
schools  of  the  State. 

4.  All  such  sums  as  may  accrue  to  the  State  as  escheats 
the  same  to  be  applied  to  the  support  of  the  public  schools 
during  the  scholastic  year  next  ensuing  the  receipt  in  tha 
State  treasury. 

5.  The  net  amount  of  poll  tax  that  may  be  collected  in 
the  State ;  poll  tax  collected  in  every  county  to  be  retained 
therein  for  the  support  of  the  public  schools  thereof  and 
distributed  and  disbursed  as  provided  in  this  chapter. 

6.  Licenses  which  are  by  law  required  to  be  paid  into 
the  school  fund  of  any  county  to  be  promptly  paid  by  the 


478899 


>•    •  • 


4  PUBLIC  SCHOOL  LAWS  OF  ALABAMA  * 

judge  of  probate  or  other  person  collecting  the  same  to 
the  county  superintendent  of  education  and  to  be  ex- 
pended for  the  benefit  of  the  public  schools  of  each  county. 

7.  A  further  sum  of  five  hundred  thousand  dollars 
($500,000.00)  annually  for  every  scholastic  year;  pro- 
vided, however,  that  there  is  hereby  appropriated  the 
additional  sum  of  one  hundred  thousand  dollars  ($100,- 
COO.OO)  annually  if  in  the  judgment  of  the  governor  of 
Alabama  the  financial  condition  of  the  State  treasury 
will  permit  of  such  additional  appropriation. 

That  the  provisions  of  this  act  shall  become  effective 
October  1st,  1911.  Provided,  that  the  annual  excess  of 
the  appropriation  herein  made  over  the  appropriation 
■carried  by  existing  laws,*  viz. :  The  sum  of  two  hundred 
and  fifty  thousand  dollars  ($250,000.00)  per  annum,  shall 
be  paid  only  on  the  approval  of  the  governor,  who,  as 
the  state  of  the  treasury  in  his  opinion  may  warrant, 
may  approve  the  same  in  whole  or  in  part  from  time  to 
time ;  provided,  that  if  the  governor  shall  fail  to  approve 
in  any  year  the  full  amount  of  the  appropriation  made 
for  that  year  he  may,  if  the  condition  of  the  treasury  war- 
rant, approve  in  any  subsequent  year  or  years  the  differ- 
ence between  the  amount  appropriated  and  that  paid. 

Note — In  addition  to  the  sources  of  school  revenue 
above  enumerated,  there  is  annually  levied,  by  Constitu- 
tional requirements,  for  the  maintenance  of  the  public 
schools,  a  tax  of  thirty  cents  on  each  one  hundred  dollars 
assessed  valuation  of  taxable  property. 

1679.  (3540)  (944)  When  appropriations  accrue, 
placed  to  the  credit  of  educational  fund. — All  such  appro- 
priations, except  the  poll  tax,  shall  accrue  to  the  educa- 
tional fund  on  the  first  day  of  October,  in  each  year ;  and 
on  that  day  the  State  auditor  shall  place  to  the  credit  of 
that  fund,  on  the  books  in  his  office,  all  such  amounts  as 
accrue  thereto  from  the  sources  in  this  article  mentioned, 
except  the  poll  tax,  for  the  scholastic  year  beginning  on 
that  day. 


♦The  appropriation  carried  by  existing  laws  is  $350,000. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  5 

ARTICLE  2. 

OFFICERS  AND  BOARDS  OF  PUBLIC  SCHOOLS. 

1680.  (3541)  (945)  Officers  and  hoards  of  adminis- 
tration of  public  schools. — For  the  administration  and 
government  of  public  schools  in  this  State,  there  are  the 
following  officers  and  boards  of  education : 

1.  The  superintendent  of  education. 

2.  A  county  superintendent  of  education  in  each  coun- 
ty. 

3.  Three  district  trustees  in  each  school  district. 

4.  One  county  board  of  education ;  constituted  as  here- 
inafter provided. 


ARTICLE  3. 

SUPERINTENDENT  OF  EDUCATION. 

1681.  (3542)  (946)  Term  of  office;  salary.— "The 
Superintendent  of  Education"  holds  office  for  the  term 
of  four  years  from  the  time  of  his  installation  in  office, 
and  until  his  successor  is  elected  and  qualified,  and  shall 
receive  a  salary  of  three  thousand  dollars  per  annum, 
payable  in  monthly  installments,  on  the  last  day  of  each 
month,  and  shall  not  be  eligible  as  his  own  successor. 

1682.  (3543)  (947)  Oath  of  office  and  bond.— Be- 
fore entering  upon  the  duties  of  his  office,  he  shall  take 
oath  of  office  prescribed  by  the  constitution,  and  shall 
also  give  bond,  with  sureties  to  be  approved  by  the  gover- 
nor, in  the  sum  of  fifteen  thousand  dollars,  conditioned 
faithfully  to  discharge  the  duties  of  his  office  so  long  as 
he  shall  remain  therein,  or  perform  any  of  the  duties 
thereof;  and  such  bond  shall  be  filed  in  the  office  of  the 
secretary  of  State. 

1683.  (3544)  (948)  Office  and  books,  papers  and 
records. — He  shall  have  an  office  at  the  capitol  of  the 
State,  where  the  bonds,  papers  and  records  of  his  office 


6  PT'BLIC  SCHOOL  LAWS  OF  ALABAMA 

shall  be  kept,  and  where  he  shall  give  attendance  when 
not  absent  on  official  business;  and  it  shall  be  the  privi- 
lege of  all  persons  interested  to  have  access,  at  all  proper 
hours,  to  the  books,  papers,  and  records  of  the  office. 

1684.  (3545)  (949)  Clerks  and  their  salaries. — He 
is  authorized  to  employ  a  chief  clerk,  two  bookkeepers, 
and  a  stenographer  for  service  in  his  office;  and  such 
clerks  shall  be  allowed  salaries  as  follows:  The  chief 
clerk,  eighteen  hundred  dollars  per  year;  the  two  book- 
keepers, fifteen  hundred  dollars  per  year  each ;  the  stenog- 
rapher, seven  hundred  and  fifty  dollars  per  year,  to  be 
paid  as  the  salaries  of  other  department  clerks  are  paid. 

1685.  (3546)  (950)  Duties  of  the  superintendent  of 
education. — The  duties  of  the  superintendent  of  education 
shall  be  as  follows : 

1.  He  shall  devote  his  time  to  the  care  and  improve- 
ment of  the  common  schools,  and  the  promotion  of  public 
education,  and  shall  exercise  a  general  supervision  over 
all  the  educational  interests  of  the  State ;  and  to  this  end 
he  shall  have  power  to  require  from  the  county  superin- 
tendent of  education,  township  and  district  trustees  of 
public  schools,  and  all  other  school  officers,  all  such  re- 
ports and  information  relating  to  the  educational  fund, 
or  the  condition  of  the  schools  and  the  management 
thereof,  as  he  may  deem  important,  or  as  may  be  pre- 
scribed by  law ;  and  he  may  remove  from  office  any  such 
officer,  except  the  county  superintendent,  for  failure  to 
make  such  report,  give  such  information,  or  discharge 
any  other  official  duty. 

2.  He  shall  annually,  as  far  as  practicable,  visit  every 
county  in  the  State,  for  the  purpose  of  inspecting  the 
schools  and  their  management,  the  accounts  of  county 
superintendents  of  education,  and  other  school  officers, 
and  for  diffusing  as  widely  as  possible,  by  personal 
address  and  personal  communication,  information  as  to 
the  importance  of  public  schools  and  the  best  method  for 
their  management;  and  he  shall  encourage  and  assist  at 
organizing  and  conducting  teachers'  and  superintendents' 
institutes. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  7 

3.  He  shall  make  provisions  for  instructing  all  pupils 
in  all  schools  and  colleges  supported,  in  whole  or  in  part, 
by  public  money,  or  under  State  control,  in  hygiene  and 
physiology,  with  special  reference  to  the  effects  of  alco- 
holic drinks,  stimulants,  and  narcotics  upon  the  human 
system. 

4.  He  shall  make  provision  for  instructing  all  pupils 
in  all  schools  and  colleges  supported,  in  whole  or  in  part, 
by  public  moneys,  or  under  State  control,  in  the  constitu- 
tion of  the  United  States  and  the  constitution  of  the 
State  of  Alabama. 

5.  He  shall  annually  apportion  the  public  school  funds 
to  the  several  counties,  and  the  county  board  of  education 
shall  apportion  the  same  to  the  school  districts  as  required 
by  section  256  of  the  Constitution,  and  shall  see  to  the 
proper  disbursement  of  the  same;  and  to  this  end  he 
shall  keep  an  accurate  account  with  all  officers  who  may 
be  custodians  or  disbursers  of  the  school  fund,  or  any 
part  thereof. 

6.  He  shall  prepare  all  forms  and  have  printed  and 
distributed  all  such  blanks  as  may  be  necessary;  or  as 
may  be  required  by  law,  in  the  administration  of  the 
public  school  system. 

7.  He  shall  furnish  the  county  superintendents  and 
other  school  officers  all  necessary  books  for  keeping  their 
accounts  and  records,  to  be  and  remain  public  property; 
and  he  shall  prescribe  a  uniform  system  of  keeping  such 
accounts  and  records. 

8.  He  shall  take  receipts  for  all  such  books  so  fur- 
nished by  him  to  school  officers,  and  such  officers  shall 
take  good  care  thereof,  and  turn  them  over  to  their  suc- 
cessors in  office. 

9.  He  shall  keep  a  debtor  and  creditor  account  with 
each  township,  or  other  school  district  in  the  State,  of 
all  funds  accruing  thereto  for  educational  purposes. 

10.  He  shall  keep  an  accurate  account  of  the  capital 
of  all  sixteenth-section  or  other  trust  funds,  to  which 
each  township  or  school  district  may  be  entitled,  show- 
ing whence  and  when  such  funds  were  derived. 

11.  He  shall  preserve  in  his  office  all  bonds  of  school 
officers  and  others  required  to  be  filed  therein. 


8  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

12.  He  shall  cause  suits  to  be  instituted  and  prosecuted 
against  all  defaulters  to  the  educational  fund,  and  for 
this  purpose  may  employ  attorneys ;  but  he  shall  not  have 
power  to  contract  to  pay  such  attorneys  out  of  the  educa- 
tional fund  more  than  ten  per  cent  of  the  amount  recov- 
ered by  them  in  such  suits ;  and  of  such  fund  he  may  pay 
such  lawful  costs  as  may  be  taxed  against  him  as  superin- 
tendent of  education,  in  case  he  is  cast  in  any  such  suits. 

13.  He  shall,  by  correspondence,  exchange  of  official 
reports,  and  other  proper  means,  elicit  information  rela- 
tive to  the  system  of  public  education  in  other  states  and 
countries,  and  disseminate  all  useful  knowledge  regard- 
ing the  same  among  the  county  superintendents  and  other 
school  officers  in  the  State. 

14.  He  shall  collect  in  his  office  such  school  books,  ap- 
paratus, maps,  charts  and  specimens  of  improved  school 
furniture  as  can  be  obtained  without  expense  to  the  State. 

15.  He  shall  prepare  and  have  printed  in  pamphlet 
form  by  the  public  printer,  all  laws,  rules,  and  regulations 
pertaining  to  the  public  school  system  of  the  State,  in- 
cluding therein  the  Constitution  of  the  United  States 
and  the  Constitution  of  the  State  of  Alabama,  and  cause 
the  same  to  be  distributed  among  the  county  superin- 
tendents of  education,  and  other  officers  connected  with 
the  school  system,  for  the  information  of  those  interested 
in  the  educational  interests  of  the  State. 

16.  He  shall  perform  such  other  duties  as  are,  or  may 
be,  prescribed  by  law. 

1686.  (3547)  (951)  Report  to  governor;  contents. — 
He  shall  also,  annually,  on  or  before  the  first  day  of  De- 
cember, report  to  the  governor  in  writing — 

1.  A  brief  history  of  his  labors. 

2.  An  abstract  of  the  reports  received  by  him  from  the 
county  superintendents  of  education,  exhibiting  the  con- 
dition of  the  public  schools. 

3.  Estimates  and  accounts  of  expenditures  of  school 
money. 

4.  An  itemized  statement  showing  how  the  contingent 
fund  of  his  department  and  all  other  special  funds  or  ap- 
propriations under  his  control  have  been  disposed  of. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  9 

5.  Such  recommendations  as  he  may  desire  to  make 
for  the  improvement  of  the  school  system,  and  the  care 
and  increase  of  the  educational  fund. 

6.  All  such  other  matters  relating  to  his  office  and  to 
the  public  schools  as  he  shall  deem  expedient  to  communi- 
cate. 

1687.  (3548)  ,  (952)  Report  to  be  printed  and  dis- 
tributed.— The  governor  shall,  when  such  report  is  laid 
before  him,  direct  the  superintendent  of  education  to 
have  printed  in  the  same  manner  and  upon  the  same  con- 
ditions as  other  printing  is  done,  during  the  recess  of 
the  Legislature,  a  sufficient  number  of  copies  of  the  re- 
port to  supply  the  county  superintendents  and  district 
trustees  of  public  schools,  and  other  school  officers,  and 
for  the  usual  exchange  with  other  States,  and  with  the 
leading  cities  of  the  United  States ;  and  it  shall  be  the  duty 
of  the  superintendent  of  education  to  distribute  the  same 
as  indicated  in  this  section. 

1688.  (3549)  (953)  Vacancy  filled  by  governor; 
term,  etc.,  of  appointee. — If  the  office  of  superintendent 
of  education  should  at  any  time  become  vacant,  by  death, 
resignation,  or  otherwise,  the  governor  shall  appoint  a 
suitable  person  to  fill  such  office  for  the  unexpired  term ; 
and  such  appointee  shall  give  bond  and  qualify  in  the 
same  manner  as  if  he  had  been  elected  for  a  full  term. 


ARTICLE  4. 


TOWNSHIPS  ABOLISHED. 


1689.  Townships  abolished;  public  schools  re-district- 
ed.— Township  lines  for  school  purposes  are  abolished; 
provided  the  inhabitants  of  no  township  shall  be  deprived 
of  the  sixteenth  section  or  any  fund  arising  therefrom, 
or  of  selling  and  leasing  such  lands  as  provided  by  law. 


10  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

ARTICLE  5. 

TOWNSHIPS  AND  SCHOOL  DISTRICTS   INCORPORATED. 

1690.      (3624)    (1024)    (963)   (576)   (502)    Incorpora- 
tion of  townships. — The  inhabitants  of  each  township  in 

the  State  are  incorporated  by  the  name  of  "Township , 

of  range ,"  according  to  the  number  of  the  surveys  of 

the  United  States,  and  the  inhabitants  of  each  school  dis- 
trict are  incorporated  by  the  name  and  number  by  which 
it  is  known  or  designated. 


ARTICLE  6. 

This  article  is  repealed  by  the  act  providing  for  a 
county  boafd  of  education,  approved  August  16,  1915, 
which  follows : 

No.  220.)  (S.  129. 

AN  ACT 

To  provide  for  a  county  board  of  education,  to  pre- 
scribe the  method  of  election  of  the  members  thereof,  to 
define  the  powers  and  duties  of  the  board,  and  to  require 
the  boards  of  education  in  incorporated  cities  and  towns 
to  make  an  enumeration  of  children  of  school  age. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  1.  That  from  and  after  the  third  Saturday  in 
November,  1916,  the  public  schools  of  each  of  the  several 
counties  of  the  State,  except  those  in  incorporated  cities 
and  towns,  shall  be  under  the  immediate  direction  and 
control  of  a  county  board  of  education  consisting  of  five 
members.  The  county  board  of  education  of  each  county 
shall  be  elected  by  the  qualified  electors  of  the  county. 
All  members  of  the  county  board  of  education  of  any 
county  shall  be  persons  of  good  moral  character  with  at 
least  a  fair  elementary  education,  of  good  standing  in 
their  respective  communities,  and  known  for  their  hon- 
esty, business  ability,  public  spirit  and  interest  in  the 
good  of  public  education. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  H 

Sec.  2.  That  at  the  general  election  of  State  and  county 
officers  in  November,  1916,  the  qualified  electors  of  the 
county  shall  elect  five  members  of  the  county  board  of 
education ;  and  provided  that  the  five  persons  receiving 
the  highest  number  of  votes  from  the  county  at  large 
shall  be  declared  the  members  of  the  county  board  of 
education ;  provided,  that  the  two  members  of  the  board 
so  elected  receiving  the  highest  number  of  votes  shall 
hold  office  for  a  term  of  six  years ;  that  the  two  members 
receiving  the  next  highest  number  of  votes  shall  hold 
office  for  a  term  of  four  years ;  and  that  the  member  so 
elected  receiving  the  lowest  number  of  votes  shall  hold 
office  for  a  term  of  two  years ;  provided  further,  that  at 
the  general  election  of  State  and  county  officers  in  Novem- 
ber, 1918,  and  biennially  thereafter,  a  member  or  mem- 
bers shall  be  elected  for  terms  of  six  years  to  succeed 
those  whose  term  or  terms  of  office  shall  expire  at  that 
time ;  provided  that  any  member  of  the  board  of  education 
shall  hold  office  until  a  successor  has  been  elected  and 
qualified. 

Sec.  4.  That  the  county  board  of  education  of  each  of 
the  several  counties,  elected  as  herein  provided,  shall 
meet  in  the  office  of  the  county  superintendent  of  educa- 
tion of  the  county  within  ten  days  after  the  election  of 
such  board  or  any  member  thereof,  qualify  and  organize 
by  electing  one  of  its  members  president.  The  president 
shall  be  entitled  to  vote  on  all  questions.  The  county 
superintendent  of  education  shall  be  the  secretary  and 
executive  officer  of  the  board  and  shall  attend  all  meet- 
ings of  the  same,  but  .he  shall  not  have  the  right  of  a 
vote  in  the  board. 

Sec.  5.  That  the  county  boards  of  education  shall  hav6 
entire  control  of  the  public  schools,  unless  otherwise  pro- 
vided by  law,  within  their  respective  counties.  They  shall 
make  rules  and  regulations  for  the  government  of  the 
schools,  see  that  the  teachers  perform  their  duties,  and 
exercise  such  powers  consistent  with  the  law  as  in  their 
judgment  will  best  subserve  the  cause  of  education.  The 
board  shall  have  the  right  to  acquire,  purchase,  by  the 
institution  of  condemnation  proceedings  if  necessary, 
lease,  receive,  hold,  transmit,  and  convey  the  title  to  real 


12  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

and  personal  property  for  school  purposes,  except  where 
otherwise  provided,  by  and  in  the  name  of  the  county 
board  of  education,  to  sue  and  contract,  all  contracts  to  be 
made  after  resolutions  adopted  by  the  board  and  spread 
on  its  minutes  and  signed  by  its  president.  All  process 
shall  be  executed  by  service  on  the  executive  officer  of 
the  board. 

Sec.  6.  In  addition  to  the  duties  hereinbefore  pre- 
scribed, the  county  boards  of  education  shall  perform 
the  following  duties :  (1)  Select  a  county  superintendent 
of  education,  prescribe  his  duties  in  addition  to  those  re- 
quired by  law,  and  the  amount  of  his  salary;  provided, 
that  no  member  of  a  county  board  of  education  shall  be 
eligible  for  election  as  county  superintendent  of  education 
during  the  term  for  which  he  was  elected  as  a  member 
of  the  board  of  education.  (2)  Elect  a  county  treasurer 
of  public  school  funds.  (3)  Elect  to  hold  office  until  the 
next  regular  election  as  provided  under  this  act,  the  suc- 
cessor to  any  member  of  the  county  board  of  education 
whose  place  may  have  become  vacant  by  death,  resigna- 
tion, or  other  cause;  provided,  that  in  case  the  county 
board  fails  for  a  period  of  thirty  days  to  fill  said  vacancy, 
the  State  superintendent  of  education  shall  have  authority 
to  appoint  a  member  to  fill  the  same.  At  the  next  general 
election  held  in  November,  a  successor  shall  be  elected  for 
the  unexpired  term  as  provided  by  section  2  of  this  act  for 
the  election  of  other  members.  (4)  Select  upon  the  nomi- 
nation of  the  county  superintendent  of  education,  assist- 
ant superintendents,  supervisors  and  such  office  force  as 
may  be  necessary,  and  fix  their  salaries.  (5)  Select  teach- 
ers for  the  several  schools  of  the  county  upon  nomination 
of  the  county  superintendent  of  education,  fix  their  sal- 
aries, erect,  repair  and  furnish  schoolhouses,  fix  all 
wages  of  employees,  determine  all  incidental  expenses, 
and  have  entire  control  of  the  public  school  funds  of  the 
county,  except  as  otherwise  provided  by  law.  (6)  Fix  the 
boundaries  of  school  districts  and  locate  schools  with  ref- 
erence to  convenience,  efficiency  and  economy.  (7)  Con- 
solidate schools  and  provide  for  the  transportation  of 
pupils  at  public  expense.  (8)  Upon  the  agreement  of 
the  board  of  education  of  adjoining  counties,  authorize 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  13 

a  child  residing  in  one  county  to  attend  school  in  another 
county,  and  it  shall  be  permitted  to  do  so  when  the  school 
in  the  other  county  is  nearer  than  any  school  in  its  own. 
county;  upon  the  request  of  parents  or  guardians,  a  city 
board  of  education  and  a  county  board  of  education  may 
make  any  just  and  equitable  arrangement  for  the  attend- 
ance of  the  children  of  the  city  at  the  schools  of  the 
county,  and  for  the  attendance  of  the  children  of  the 
county  at  the  schools  of  the  city,  and  they  shall  do  so 
when  it  can  be  done  without  injury  to  the  schools  of 
either  the  county  or  the  city,  (9)  Control  the  public 
school  funds  as  provided  by  law.  (10)  Appoint  for  every 
school  in  the  county  discreet,  competent  and  reliable  per- 
son or  persons  of  mature  years,  not  exceeding  three  in 
number,  residing  near  to  the  schoolhouse,  and  having  the 
respect  and  confidence  of  the  people  of  the  community,  to 
serve  as  trustee  or  trustees  of  the  school,  to  care  for  the 
property,  and  to  look  after  the  general  interests  of  the 
school,  and  to  make  to  the  county  board  of  education, 
through  the  county  superintendent  of  education,  from 
time  to  time,  reports  of  the  progress  and  needs  of  the 
schools,  and  of  the  will  and  sentiment  of  the  people  in 
regard  to  the  school;  but  such  person  or  persons  shall 
not  be  paid  for  such  service  out  of  the  public  school  funds. 

(11)  Enforce  compulsory  attendance  as  required  by  law. 

(12)  Act  as  promptly  as  possible  on  cases  of  appeal  by 
pupils  suspended  by  teachers.  (13)  Dismiss  county  super- 
intendents, assistant  county  superintendents,  and  teach- 
ers for  incompetency,  improper  or  immoral  conduct,  or 
inattention  to  duty,  or  whenever  in  their  opinion  the  best 
interests  of  the  school  may  require.  (14  Select  resident 
persons  to  enumerate  the  scholastic  population  of  all  chil- 
dren between  the  ages  of  seven  and  twenty-one  years  as 
provided  by  law,  and  to  require  that  in  enumerating  the 
scholastic  population,  the  name  of  the  child,  the  name  of 
the  parent  or  guardian,  the  age  of  the  child,  the  school  to 
which  it  belongs  and  the  distance  to  the  nearest  school, 
be  recorded,  and  also  the  fact  as  to  whether  the  child  is 
able  to  read  and  write.  White  children  and  negro  chil- 
dren shall  be  reported  in  separate  lists,  and  in  any  town 
or  city  maintaining  a  public  school  system,  the  board  of 


14  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

education  of  that  incorporated  city  or  town,  is  hereby 
empowered  and  required  to  enumerate  the  scholastic  pop- 
ulation of  that  city  or  town,  as  provided  by  law;  and  in 
addition  to  giving  the  name  of  the  child,  and  the  name 
of  its  parents  or  guardians,  and  stating  whether  the  child 
can  read  and  write,  the.  name  of  the  street  and  the  number 
of  the  house  in  which  it  resides  shall  be  given. 

Sec.  7.  The  members  of  the  county  board  of  education 
shall  receive  from  the  public  school  funds  of  the  county 
their  actual  traveling  and  hotel  expenses  incurred  in  at- 
tending meetings  of  the  board;  provided  that  such  ex- 
penditures shall  be  allowed  for  not  more  than  twelve 
meetings  in  any  one  year.  The  members  of  the  county 
board  shall  be  paid  in  like  manner  as  provided  for  the 
compensation  paid  to  teachers;  provided,  that  they  shall 
not  be  required  to  hold  State  teachers'  certificates.  Coun- 
ty superintendents  shall  be  paid  a  minimum  salary  of 
$1,000  a  year  and  after  September  30,  1915,  shall  engage 
in  no  other  form  of  remunerative  work. 

Sec.  8.  All  laws  or  parts  of  laws  in  conflict  with  the 
provisions  of  this  act,  except  such  as  make  provision  for 
local  taxation  for  school  purposes,  are  hereby  repealed, 
and  in  case  any  part  of  this  law  is  declared  unconstitu- 
tional, the  parts  not  so  declared  unconstitutional,  shall 
remain  in  full  force  and  effect  as  the  law  of  the  State. 

Approved  August  16,  1915. 


No.  495.)  (S.  598. 

AN  ACT 

To  amend  section  1355  of  the  Code  of  Alabama  of  1907. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
That  section  1355  of  the  Code  of  Alabama  of  1907  be 
and  the  same  is  hereby  amended  so  as  to  read  as  follows : 
1355 — Cities  having  a  population  of  2,000  and  less  than 
^,000  inhabitants  shall  have  a  board  of  education  con- 
sisting of  five  members  which  shall  be  elected  by  the 
<jouncil,  or  other  governing  body,  at  its  first  regular  meet- 
ing.   The  council,  or  other  governing  body,  shall  elect  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  15 

members  of  the  board  of  education  for  terms  of  office 
which  shall  be  respectively,  one,  two,  three,  four  and  five 
years.  Annually  thereafter  at  the  first  regular  meeting 
in  April  or  as  soon  thereafter  as  may  be  practicable,  at  a 
regular  meeting,  the  council,  or  other  governing  body, 
shall  elect  a  member  whose  term  of  office  shall  be  five 
years,  to  succeed  the  member  of  the  board  of  education 
whose  term  expires  that  year.  As  soon  after  election  as 
practicable,  the  said  board  shall  organize  by  electing  one 
of  their  members  president  and  shall  also  elect  one  of 
their  members  secretary  of  said  board,  and  said  board 
shall  have  all  powers  and  be  vested  with  all  the  authority 
in  relation  to  the  public  schools  as  boards  of  education  in 
cities  of  6,000  or  more  population.  In  the  event  of  a 
vacancy  in  the  membership  of  the  board  by  resignation 
or  otherwise,  the  fact  shall  be  reported  to  the  city  council, 
or  other  governing  body,  by  the  board,  and  the  council, 
or  other  governing  body,  shall  elect  a  person  to  fill  such 
vacancy  for  the  unexpired  term;  in  towns  of  less  than 
2,000  population,  the  management  and  control  of  the  pub- 
lic schools  therein  shall  on  and  after  the  first  day  of 
October,  1915,  be  vested  in  a  county  board  of  education, 
which  board  shall  be  vested  with  all  the  powers  and  au- 
thority in  relation  to  such  school,  as  if  the  same  were  not 
within  the  incorporated  territory. 
Approved  September  16,  1915. 


No.  14.)  AN  ACT  (H.  6a 

To  authorize  women  to  serve  on  boards  of  education 
of  counties,  and  cities  and  towns. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  on  and  after  the  passage  of  this  bill,  women 
shall  be  eligible  to  serve  on  the  boards  of  education  of  in- 
corporated cities  and  towns,  and  on  county  boards  of 
education. 

8.  All  laws  and  parts  of  laws,  local,  general  or  spe- 
cial in  conflict  with  the  provisions  of  this  act  be  and  the 
same  are  hereby  repealed. 

Approved  February  1,  1915. 


16  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

No.  93.)  AN  ACT  (S.  80. 

To  amend  section  6  of  an  act  approved  July  17,  1907, 
entitled  "An  act  to  amend  sections  6,  9,  10,  16,  17,  19 
and  20  of  an  act  entitled  an  act  to  provide  for  the  redis- 
tricting  of  the  public  schools  of  the  State  and  for  the 
management  and  control  of  the  same,  approved  Septem- 
ber 30,  1903." 

Section  1.  Be  it  enacted  by  the  Legislatwe  of  Alabama, 
That  section  6  of  an  act  approved  July  17,  1907,  entitled, 
"An  act  to  amend  sections  6,  9,  10,  16,  17,  19  and 
20  of  an  act  entitled  an  act  providing  for  the  redistricting 
of  the  public  schools  of  the  State  and  for  the  management 
and  control  of  the  same,  approved  September  30,  1903," 
be  and  the  same  is  hereby  amended  so  as  to  read  as  fol- 
lows :  Section  6.  That  section  19  of  said  act  be  and  the 
same  is  hereby  amended  so  as  to  read  as  follows:  The 
provisions  of  this  act  shall  not  apply  to  any  county  hereto- 
fore districted  by  authority  of  a  special  law  and  which 
has  a  special  levy  from  the  county  for  the  support  of  the 
public  schools  therein ;  or  to  any  city  or  town  where  the 
members  of  the  board  of  education  hold  office  for  life 
under  any  act  of  the  Legislature  of  Alabama  approved 
prior  to  Feb.  15,  1891,  but  all  other  general,  special,  pri- 
vate or  local  laws  creating  or  providing  for  any  special 
or  separate  school  district  be  and  the  same  are  hereby 
repealed. 

Approved  August  25,  1909. 

1693.  Incorporated  cities  and  toivns  separate  school 
districts. — Each  incorporated  city  or  town  in  the  State  is 
a  separate  school  district. 

1694.  School  districts  not  affected  by  county  lines. — 
Any  school  district  which,  by  the  creation  of  new  coun- 
ties or  the  change  of  county  lines,  shall  lie  in  two  or 
more  counties,  shall  in  no  wise  be  repealed  by  the  crea- 
tion of  said  new  counties  or  the  change  of  county  lines. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  17 

No.  487.)  AN  ACT  (H.  243. 

To  provide  for  the  office  of  county  treasurer  of  public 
school  funds  in  the  several  counties  of  Alabama  and  to 
prescribe  the  duties  thereof. 

Section  1,  Be  it  enacted  by  the  Legislature  of  Alabama, 
That  the  county  boards  of  education  of  the  several  coun- 
ties of  this  State  be  and  they  are  hereby  authorized 
to  select  annually  some  suitable  person  in  the  county  to 
act  as  treasurer  of  the  public  school  funds  of  the  county. 

Sec.  2.  The  said  treasurer  of  the  school  funds  in  each 
county  shall  receive  and  take  charge  of  any  money, 
funds,  property  or  proceeds  of  any  character,  raised  in 
his  county  by  county  taxation,  or  which  may  accrue  to. 
him  or  to  the  county  from  any  gift,  grant,  bequest,  de- 
vise, endowment  or  otherwise,  to  be  used  in  aid  of,  or  in 
connection  with,  money  apportioned  to  his  county  from 
the  educational  fund,  and  shall  faithfully  keep  the  same 
separate  and  apart  from  any  other  funds  or  property 
whatsoever;  and  after  the  county  board  of  education 
shall  have  apportioned  the  public  school  funds  of  the 
county,  as  in  this  code  provided,  he  shall,  upon  the  certi- 
fied payroll  of  the  county  superintendent  distribute  and 
pay  out  the  money  raised  in  accordance  with  this  subdi- 
vision, but  all  money,  raised  by  local  taxation  in  any 
school  district  or  incorporated  city  or  town,  shall  be  ex- 
pended for  the  benefit  of  the  district,  city  or  town  in 
which  the  money  is  raised,  and  by  such  persons,  and  in 
such  manner,  as  are  authorized  by  the  laws  in  force  for 
the  control  and  government  of  public  schools  in  such 
district,  city  or  town. 

Sec.  3.  He  must,  monthly,  on  the  first  Saturday  in 
each  month  of  each  year,  or  as  soon  thereafter  as  practi- 
cable, pay  the  teachers  of  the  public  schools,  upon  the 
certified  payroll  of  the  county  superintendent  of  educa- 
tion. He  shall  give  bond  in  twice  the  probable  sum  of 
public  school  money  including  any  amounts  of  State  school 
funds  payable  to  him  by  the  State  treasurer  which  he  may 
have  on  hand  at  any  one  time,  said  amount  of  bond  to  be 
fixed  and  approved  by  the  State  superintendent  of  edu- 
cation. 


18  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

Sec.  4.  For  all  money  paid  out  under  the  terms  of 
this  act,  the  said  treasurer  shall  keep  proper  vouchers 
subject  to  the  inspection  of  the  State  examiner  of  ac- 
counts, or  assistant  examiner,  and  he  shall  make  such 
annual  reports  as  may  be  called  for  by  the  State  superin- 
tendent of  education. 

Sec.  5.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed. 

Approved  April  18,  1911. 

INSTRUCTION   FOR    HANDLING    GENERAL    EDUCATION   FUND, 
POLL  TAX  AND  SPECIAL  COUNTY  TAXES 

•  Under  an  opinion  of  the  Attorney  General  the  placing 
of  all  towns  of  less  than  2,000  population  under  the  con- 
trol of  the  county  board  of  education  does  not  repeal  that 
provision  of  the  municipal  code  which  requires  that  all 
public  school  funds  for  municipalities  shall  be  disbursed 
by  the  town  treasurer.  It  therefore  becomes  the  duty 
of  the  county  superintendent  to  place  on  his  regular  pay 
roll  the  names  of  the  treasurers  of  such  towns  for  any 
amounts  of  general  education  fund  and  poll  tax  or  spe- 
cial county  tax  which  the  county  boards  shall  apportion 
to  the  schools  of  said  towns;  the  same  to  be  paid  out  by 
the  treasurer  on  a  special  Town  Pay  Roll  prepared  by 
the  principal  and  approved  by  the  local  trustees  and 
the  county  board  of  education. 

In  cities  of  2,000  population  and  over  the  name  of  the 
treasurer  should  be  placed  on  the  regular  monthly  pay 
roll  for  such  part  of  the  general  education  fund,  poll  tax 
and  special  county  tax  apportioned  to  said  towns  as  is 
needed  to  meet  the  demands  of  the  schools ;  the  same  to 
be  paid  out  by  the  treasurer  on  order  of  the  city  board  of 
education. 

INSTRUCTION  FOR  HANDLING  DISTRICT  TAXES 

Special  school  taxes  accruing  to  rural  districts  or  to 
incorporated  towns  of  less  than  2,000  population  should 
be  paid  over  by  the  tax  collector  to  the  county  treasurer 
of  school  funds  whose  duty  it  is  to  keep  an  accurate  ac- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  19 

count  of  the  receipts  from  each  district  and  report  the 
same  monthly  to  the  county  superintendent  on  the  "re- 
ceipt side"  of  the  special  district  tax  pay  roll,  which 
should  be  used  by  the  superintendent  for  paying  out  these 
funds. 

In  the  case  of  an  incorporated  town  under  the  control 
of  the  county  board,  the  name  of  the  town  treasurer 
should  be  entered  on  the  pay  roll  for  such  amount  as 
is  shown  to  be  in  the  hands  of  the  county  treasurer  of 
school  funds  to  the  credit  of  that  district.  For  the  rural 
districts  the  names  of  the  teachers  should  be  entered  on 
the  pay  roll  for  such  amount  as  is  to  be  paid  from  this 
fund. 

Special  district  taxes  accruing  to  cities  of  more  than 
2,000  population  should  be  paid  over  by  the  tax  collector 
to  the  city  treasurer  to  be  disbursed  by  him  on  order  of 
the  board  of  education. 


ARTICLE  7. 

(Sections  1697,  1698,  1699,  and  1700  of  this  Article 
repealed  by  county  board  law  found  on  page  10  of  this 
pamphlet. 

Section  1701  is  probably  repealed  by  Municipal  Code 
found  on  page  128  of  this  pamphlet.) 


ARTICLE  8. 

COUNTY  SUPERINTENDENT  OF  EDUCATION. 

1704.  (3552)  (956)  Oath  of  office  and  bond.— Every 
county  superintendent  of  education,  before  entering 
upon  the  duties  of  his  office  must  take  oath  of  office  pre- 
scribed by  the  Constitution  and  give  bond  in  an  amount 
to  be  fixed  by  the  superintendent  of  education,  but  in  no 
case  to  be  less  than  double  the  probable  amount  of  money 
that  may  be  in  his  hands  at  any  time,  with  good  and  suf- 


20  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

ficient  sureties,  and  payable  and  conditioned  as  official 
bonds  of  other  public  officers. 

1705.  (3553)  (957)  Approval  and  record  of  bond. — 
Such  bond  must  be  approved  by,  and,  with  the  oath  of 
office,  must  be  filed  and  recorded  in  the  office  of  the  judge 
of  probate  of  the  county ;  and  a  certified  copy  of  the  bond 
must  also  be  filed  in  the  office  of  the  superintendent  of 
education  for  his  approval. 

1706.  (3554)  (958)  New  or  additional  bond;  effect 
of  notice  to  give. — The  superintendent  of  education  shall 
require  of  any  county  superintendent  of  education  a  new 
or  additional  bond  in  the  same,  or  a  different  amount,  as 
that  of  the  original  bond,  whenever  he  shall  find  it  neces- 
sary for  the  protection  of  the  educational  fund  of  the 
county;  and  no  county  superintendent  of  education  after 
receiving  notice  to  give  such  new  or  additional  bond,  shall 
continue  in  the  discharge  of  the  duties  of  his  office  until 
such  new  or  additional  bond  is  given. 

1707.  (3556)  (960)  His  duties.— The  duties  of  the 
county  superintendent  of  education  shall  be  as  follows : 

1.  He  shall  have  an  office  at  the  county  site  of  his 
county,  where  he  must,  on  the  first  Saturday  of  each 
month  from  the  beginning  of  the  scholastic  year  until  the 
close  of  the  public  schools  of  that  year,  be  present  to 
transact  business  with  the  officers  and  teachers  of  public 
schools. 

2.  (This  subdivision  is  inoperative  because  of  act  creat- 
ing a  county  treasurer  of  school  funds,  found  on  page 
17  of  this  pamphlet.) 

3.  He  shall  examine  into  the  condition  of  all  school 
funds  of  his  county,  including  the  sixteenth  section  fund, 
and  sixteenth  section  lands  unsold  in  his  county;  and 
he  is  authorized  and  required  in  the  name  of  the  State 
for  the  use  of  the  township,  to  bring  all  necessary  suits 
for  the  recovery  of  the  possession  of  such  lands,  or  against 
trespassers  thereon. 

4.  He  shall,  as  soon  as  he  receives  the  annual  appor- 
tionment of  the  educational  fund  to  his  county  and  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  21 

same  has  been  apportioned  among  the  districts  by  the 
county  board  of  education,  notify  the  district  trustees  of 
each  district  of  the  amount  apportioned  to  each  separate 
school  district. 

5.  He  shall  enter  in  a  book  or  books,  kept  for  that  pur- 
pose, the  exact  amount  and  date  of  all  moneys  received 
and  paid  out  by  him  on  account  of  the  educational  fund 
of  his  county,  showing  by  whom  or  to  whom  paid,  and 
for  what  purpose,  and  also  the  amount  of  the  educational 
fund  apportioned  to  and  distributed  in  each  district  for 
each  race ;  and  such  books  shall  be  open  to  the  inspection 
of  all  persons  interested. 

6.  He  shall,  on  or  before  the  fifteenth  day  of  October 
of  each  year,  forward  to  the  superintendent  of  education, 
on  blanks  to  be  furnished  him  by  the  latter,  an  annual 
report  of  the  public  schools  of  his  county  for  the  preced- 
ing year,  which  shall  set  forth  (1)  the  amount  of  school 
money  received  by  him  from  all  sources  to  the  end  of  the 
year,  specifying  how  much  was  received  from  each  source ; 
(2)  how  much  has  been  disbursed  by  him  during  such 
year,  for  what  purpose,  and  the  names  of  teachers  to 
whom  money  has  been  paid,  the  time  they  taught,  and 
the  total  amount  paid  to  each  teacher;  (3)  the  amount 
of  funds  then  in  hand  for  each  township  or  school  dis- 
trict in  his  county;  and  (4)  the  manner  in  which,  and 
the  extent  to  which,  he  has  discharged  the  duties  required 
by  law  to  be  performed  by  him. 

7.  He  must,  monthly,  on  the  first  Saturday  in  each 
month  of  each  year,  or  as  soon  thereafter  as  practicable, 
pay  the  teachers  of  the  public  schools,  upon  the  certifi- 
cate of  the  trustees  of  the  district  in  which  the  school 
was  taught;  and  in  counties  in  which  separate  districts 
have  been  established  by  special  laws,  he  shall  pay  over 
to  the  officers  authorized  to  receive  the  same  their  pro- 
portionate shares  of  the  school  revenues  at  the  times 
above  designated. 

1708.  (3557)  (963)  Forfeiture  for  failure  to  make 
annual  reports. — If  any  county  superintendent  shall  will- 
fully fail  to  make  out  and  forward  to  the  superintendent 
of  education  any  annual  report  required  by  this  article. 


22  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

within  ten  days  after  the  time  it  should  be  made,  he  shall 
be  liable  to  a  forfeiture  of  his  commission,  to  be  declared 
by  the  superintendent  of  education  and  to  removal  from 
office. 

1709.  (558)  (962)  Books  and  accounts  liable  to  ex- 
amination.— The  books,  accounts  and  vouchers  of  the 
county  superintendent  of  education  may  be  examined  at 
any  time  by  the  superintendent  of  education  in  person  or 
by  duly  authorized  agent. 


No.  269.)  AN  ACT  (H.  244. 

To  prescribe  the  duties  and  powers  and  to  fix  the  com- 
pensation of  the  county  superintendents  of  education  of 
the  several  counties  of  this  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Alabama, 
That  the  duties  and  powers  of  the  county  superintendent 
of  education  shall  be  as  follows :  He  shall  have  an  office 
at  the  county  site  of  his  county ;  where  he  must,  on  every 
Saturday  of  each  month  except  in  the  months  of  June, 
July  and  August,  be  present  in  person  or  by  representa- 
tive to  transact  business  with  the  officers  and  teachers  of 
the  public  schools.  He  shall  examine  into  the  condition 
of  all  school  funds  of  his  county  including  the  sixteenth 
section  fund,  and  sixteenth  section  lands  unsold  in  his 
county.  He  shall  as  soon  as  practicable,  notify  the  dis- 
trict trustees  of  each  district  of  the  amount  available  as 
salaries  of  the  several  teachers  in  the  district.  He  shall, 
when  required  by  the  county  board  of  education,  devote 
his  entire  time  to  the  work  of  visiting  and  supervising  the 
schools  of  the  county  when  any  of  the  public  schools  are 
in  session,  visiting  all  of  the  schools  of  the  county  as  often 
as  possible,  and  each  of  them  at  least  once  annually. 
When  visiting  a  school,  he  shall  notice  carefully  the  con- 
dition of  the  schoolhouse,  grounds  and  equipments,  call- 
ing to  the  attention  of  the  local  trustees  any  apparent 
needs  of  the  school.     He  shall  observe  the  class  work  of 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  23 

each  teacher  and,  when  necessary,  give  model  lessons  for 
the  benefit  of  the  teacher.  He  shall  encourage  the  organi- 
zation of  school  improvement  associations,  and  the  build- 
ing up  of  school  libraries.  He  shall  make,  on  blanks  fur- 
nished by  the  State  department  of  education,  monthly 
reports  to  the  county  board  of  education,  covering  fully 
and  in  detail  his  work  during  the  preceding  month,  send- 
ing a  duplicate  report  to  the  superintendent  of  education 
at  Montgomery.  He  shall,  on  or  before  the  fifteenth  day 
of  October  of  each  year,  forward  to  the  superintendent 
of  education,  on  blanks  to  be  furnished  him  by  the  latter, 
an  annual  report  for  the  preceding  year,  which  shall  set 
forth  (1)  The  amount  of  school  money  paid  into  the 
hands  of  the  treasurer  of  the  county  school  funds  and 
from  what  sources;  (2)  The  amount  disbursed  by  the 
treasurer  and  for  what  purpose;  (3)  What  amounts  of 
public  school  funds,  if  any,  passed  through  his  hands 
into  the  hands  of  the  county  treasurer  of  the  public 
school  funds  and  from  what  sources;  and  his  annual  re- 
port shall  supply  whatever  information  may  be  called 
for  the  State  superintendent  of  education  touching  the 
public  schools  of  the  county. 
Approved  April  8th,  1911. 


ARTICLE  9. 

(This  article  is  repealed  by  the  county  board  law  found 
on  page  10  of  this  pamphlet.) 


ARTICLE  10* 

ENUMERATION  OR  CENSUS  OF  SCHOOL  CHILDREN 

1717.     Censiis  or  enumeration  of  school  children. — 
The  district  trustees  of  each  public  school  district  in  this 

♦See  subdivision  14  of  section  6  of  the  county  board  law  found  on 
page  13  of  this  pamphlet. 


24  PUBLIC  SCHOOL  LAWS  Oi^  ALABAMA 

State,  whether  existing  under  general  law  or  created  by 
special  or  local  law,  and  the  boards  of  education  or  school 
trustees,  or  other  governing  board  or  body,  of  any  public 
school  district,  lying  in  any  incorporated  town  or  city 
in  this  State,  shall  cause  to  be  made  during  the  month  of 
July,  1908,  and  every  even-numbered  year  thereafter,  an 
enumeration  of  all  the  children  within  school  age  residing 
in  each  of  said  several  school  districts,  and  to  that  end 
said  trustees,  or  boards  of  education,  or  other  governing 
board  or  body,  shall  select  and  appoint  a  proper  and  com- 
petent person  to  make  such  enumeration,  on  blanks  to  be 
prepared  and  provided  by  the  superintendent  of  education 
of  the  State,  and  such  person  shall  make  a  report  of  such 
enumeration  under  oath  to  the  county  superintendent  of 
education  of  his  county  by  the  15th  day  of  August  next 
succeeding  the  time  of  the  taking  of  said  census.  The 
county  superintendent  shall  then  make  a  written  verified 
report  by  districts  to  the  superintendent  of  education  of 
the  State. 

1718.  Compensation  of  enumerators. — The  court  of 
county  commissioners,  or  board  of  revenue,  or  other 
court  of  like  jurisdiction  for  each  county,  shall  fix  the 
compensation  of  each  of  said  persons  taking  such  school 
census  in  each  district,  no  part  of  which  is  situated  in 
any  incorporated  town  or  city,  and  shall  order  the  same 
paid  to  such  persons  out  of  the  general  funds  in  the  county 
treasury  of  the  county  wherein  such  enumerations  are 
made,  and  the  mayor  and  city  council,  or  other  governing 
body,  of  any  municipality  wherein  a  public  school  district 
is  situated,  in  whole  or  in  part,  shall  fix  the  compensation 
of  the  person  who  shall  take  the  school  census  in  such 
district,  and  shall  order  the  same  paid  out  of  the  treasury 
of  such  town  or  city. 

7755.  False  or  fraudulent  enumeration  of  school  chil- 
dren; penalty  for. — Any  person  appointed  to  make  an 
enumeration  of  the  children  within  school  age  of  any 
public  school  district  in  this  State  as  required  by  law,  who 
shall  knowingly  make  a  false  or  fraudulent  enumeration 
or  report  of  the  number  of  children  within  school  age 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  25 

residing  in  such  district,  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  and  shall  also  be  sentenced  to  hard  labor  for  the 
county  for  not  less  than  six  months  nor  more  than  twelve 
months. 


ARTICLE  11. 

TEACHERS:  QUALIFICATIONS,  LICENSE,  POWERS,  AND 

■     DUTIES  OF. 

1719.  Board  of  examiners. — There  shall  be  constituted 
a  State  board  of  examiners  to  be  composed  of  the  superin- 
tendent of  education,  who  shall  be  the  president  of  the 
board,  and  two  other  persons,  to  be  appointed  by  him, 
who  shall  be  teachers  of  extensive  experience  and  recog- 
nized ability.  The  term  of  office  of  said  board  shall  be 
co-equal  with  that  of  the  superintendent  of  education. 

1720.  (Repealed.) 

1721.  List  of  questions  prepared. — The  State  board  of 
examiners  shall  prepare  questions  for  the  examination  of 
teachers  and  the  president  of  the  State  board  of  exam- 
iners shall  cause  lists  of  the  questions  so  prepared  to  be 
printed  and  shall  ten  days  before  the  date  of  each  exam- 
ination send  to  each  person  appointed  to  conduct  exam- 
inations in  the  counties  of  the  State  a  sufficient  number 
of  the  lists.  The  questions  so  sent  shall  be  enclosed  in  a 
sealed  package  and  the  said  seal  shall  not  be  broken, 
except  as  provided  by  law. 

7750.  Stealing  examination  questions,  penalty  for.— 
Any  person  who  purloins,  steals,  buys,  receives,  sells, 
gives,  or  offers  to  buy,  give,  or  sell  any  examination 
questions  or  copies  thereof  of  any  examination  provided 
by  law  before  the  date  of  examination  for  which  they 
have  been  prepared  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than 


26  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

one  hundred  dollars,  and  may  be  sentenced  to  hard  labor 
for  the  county  for  not  less  than  six  months. 

Note. — A  copy  of  the  pamphlet  containing  the  rules  and  regulations 
governing  the  examination  of  teachers  in  Alabama  may  be  secured 
by  writing  to  the  superintendent  of  education  at  Montgomery.  A 
one  cent  stamp  should  be  enclosed  to  cover  postage. 

1722.  Times  for  examinations  of  teachers. — The  third 
Mondays  in  April,  July  and  December  are  appointed  for 
the  examination  of  teachers.  The  examination  may  be 
continued  from  day  to  day  for  three  consecutive  days,  if 
such  continuance  shall  be  necessary  for  the  completion 
of  the  work  of  the  examination,  but  no  examination  shall 
be  begun  on  any  other  day  than  the  first  day  mentioned 
in  this  section.  No  examination  shall  be  held  at  any 
other  time. 

-  1723.      (Repealed.) 

1724.  Examinations  in  couyities;  by  whom  and  how 
conducted. — The  regular  examination  shall  be  conducted 
in  each  county  by  the  county  superintendent  of  education 
unless  for  good  and  substantial  reasons  the  State  board 
of  examiners  shall  deem  it  best  to  select  for  their  service 
another  person  appointed  for  that  purpose  by  the  State 
board  of  examiners,  and  if  he  shall  be  unable,  by  reason 
of  sickness  or  other  unavoidable  necessity  to  conduct  the 
same,  then  by  some  other  competent  person  appointed  for 
that  purpose  by  him.  Said  examination  shall  begin  at 
10  o'clock  a.  m.  of  the  day  appointed,  at  which  ^our  the 
person  appointed  to  conduct  the  examination  shall,  in  the 
presence  of  the  applicants  for  examination,  break  the 
seal  of  the  envelope  containing  the  list  of  questions,  and 
shall  distribute  the  questions  among  the  applicants.  All 
applicants  shall  undergo  the  examination  in  the  same 
room,  or  in  sight  of  the  person  appointed  to  conduct  such 
examination. 

1725.  Examination  fees. — Each  applicant  for  exam- 
ination shall,  before  entering  upon  the  examination,  de- 
posit with  the  person  appointed  to  conduct  the  examina- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  27 

tion  an  examination  fee  as  follows:  An  applicant  for  a 
third  grade  certificate,  a  fee  of  one  dollar ;  an  applicant 
for  a  second  grade  certificate,  a  fee  of  one  and  one-half 
dollars;  an  applicant  for  a  first  grade  certificate,  a  fee 
of  two  dollars ;  an  applicant  for  a  life  certificate,  a  fee  of 
three  dollars.  The  fees  received  from  the  examination 
of  teachers  at  regular  examinations  shall  be  paid  into 
the  State  treasury  to  the  credit  of  the  educational  fund, 
and  the  State  auditor  shall,  on  the  requisition  of  the 
superintendent  of  education,  issue  warrants  on  the  State 
treasurer,  to  be  paid  out  of  the  educational  fund,  for 
the  purpose  of  carrying  out  the  provisions  of  this  article, 
such  as  the  payment  of  expenses  for  postage,  for  express- 
age,  for  clerk  hire,  for  State  board  of  examiners. 

1726.  Compensation  of  the  appointed  members  of  the 
State  board  of  examiners. — The  secretary  of  the  State 
board  of  examiners  shall  receive  twenty-four  hundred 
dollars  per  annum  and  the  other  appointed  member  shall 
receive  twelve  hundred  dollars  per  annum  payable  in 
equal  monthly  installments  out  of  the  general  educational 
fund. 

1727.  Compensation  of  examiners. — The  county  su- 
perintendent or  person  appointed  to  conduct  the  examina- 
tion in  each  county  shall  receive  ten  dollars  for  his  serv- 
ices in  conducting  each  examination  and  may  be  allowed 
five  dollars  for  each  assistant  employed;  provided  that 
an  assistant  may  be  employed  for  each  fifty  applicants 
or  fraction  thereof  over  and  above  the  first  fifty  in  any 
given  county.  Tables  or  desks  shall  be  furnished  by  the 
county  superintendent  of  education  to  be  used  by  the 
applicants  on  such  examination ;  and  the  county  superin- 
tendent shall  furnish  to  the  State  superintendent  a  sworn 
statement  of  the  amount  expended  therefor,  which  amount 
shall  be  paid  from  the  educational  fund  upon  the  approval 
of  the  State  superintendent.  Provided  that  in  no  case 
shall  the  amount  allowed  exceed  ten  cents  per  applicant. 

1728.  Teachers  shall  not  receive  assistance  on  exam- 
ination.— Teachers  on  examination  shall  not  be  permitted 


28  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

to  sit  near  enough  to  one  another  to  read  the  other's 
papers,  and  no  teacher  on  examination  shall  receive  any 
assistance  from  any  other  person,  or  by  reference  to  any 
book,  map,  or  chart,  or  from  any  other  source,  and  no 
person  shall  be  licensed  to  teach  who  shall  endeavor  to 
procure  any  such  assistance. 

1729.  Statement  signed  by  teachers. — Each  teacher 
so  examined  shall,  upon  the  completion  of  his  examina- 
tion, sign  a  statement  that  he  or  she  has  not  received  any 
assistance  in  said  examination  from  any  source;  which 
statement  shall  be  kept  on  file  by  the  county  superin- 
tendent of  education. 

1730.  Applicant  miist  he  of  good  moral  character. — 
Unless  the  applicant  is  known  to  the  person  appointed 
to  conduct  the  examination  to  be  of  good  moral  character, 
or  shall  make  satisfactory  proof  of  the  same,  in  writing, 
he  or  she  shall  not  be  admitted  to  the  examination. 

1731.  Habitual  use  of  profane  language  or  intoxi- 
cants.— Any  one  who  habitually  uses  profane  language  or 
intoxicants  shall  be  deemed  of  immoral  character. 

1732.  (3576)  (983)  Grades  of  certificates.— There 
shall  be  three  grades  of  teachers'  certificates,  besides 
the  life  certificate,  hereinafter  provided,  to  be  known  as 
certificates  of  the  first,  second,  and  third  grades,  each 
of  which  must  show  the  branches  in  which  the  holder 
has  been  examined,  and  his  general  average. 

1733.  (3576)  (983)  Percentage  and  certificate  re- 
quired.— In  no  case  shall  an  applicant  for  a  certificate 
receive  the  same  who  fails  to  answer  fifty  per  cent  of  the 
questions  propounded  in  any  branch,  and  whose  general 
average  is  below  seventy-five  per  cent.  Every  teacher  in 
the  public  schools  must  obtain  a  certificate  prior  to  his 
employment. 

1734.  (3577)  (984)  Branches  of  learning  examined 
upon. — Applicants  for  third  grade  certificates  shall  be 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  29 

examined  in  the  following  branches:  Orthography, 
reading,  penmanship,  grammar,  practical  arithmetic, 
United  States  history,  geography,  the  elementary  prin- 
ciples of  physiology  and  hygiene  and  agriculture,  and 
theory  and  practice  of  teaching ;  for  second  grade  certifi- 
cates they  shall  be  examined  in  all  the  foregoing  branches, 
with  additional  requirements  in  arithmetic,  history  of 
Alabama,  English  grammar  and  literature,  intermediate 
geography,  United  States  history  and  civics  and  class 
management ;  for  the  first  grade  certificates,  they  shall  be 
examined  in  all  the  foregoing  branches,  and  also  in  alge- 
bra, geometry,  physics,  elementary  psychology,  the  school 
laws  of  Alabama,  and  advanced  English ;  for  life  certifi- 
cates, the  history  of  education. 

1735,  Examinations  shall  be  written;  kind  of  paper 
and  ink  to  be  ttsed. — In  all  examinations  under  this  arti- 
cle, the  answers  shall  be  written  on  legal  cap  paper,  with 
pen  and  ink.  The  subject  or  branch  shall  be  plainly 
written  at  the  top  of  the  page,  and  the  answers  shall  be 
numbered  to  correspond  with  the  questions. 

1736,  Examination  papers  delivered  to  examiner; 
transmission  to  board. — When  an  applicant  shall  have 
completed  his  examination,  he  shall  write  his  name  and 
address  on  each  paper  of  the  same,  and  deliver  the  same 
to  the  person  appointed  to  conduct  the  examination,  who 
shall  enclose  the  papers  of  each  applicant  in  a  separate 
envelope,  together  with  his  certificate  of  the  good  moral 
character  of  the  applicant,  or  the  written  proof  of  the 
same,  on  which  he  admitted  the  applicant  to  examination, 
and  shall  transmit  the  same  to  the  secretary  of  the  State 
board  of  examiners  without  delay. 

1737,  Board  examines  and  grades  papers. — The  State 
board  of  examiners  shall  examine  the  papers  coming  to 
it  under  the  provisions  of  the  preceding  section,  as  ex- 
peditiously as  possible,  and  shall  mark  upon  each  paper 
the  teacher's  grade  in  that  branch,  according  to  the  cor- 
rectness or  approximate  correctness  of  the  answers. 


30  PUBLIC  SCHOOL  LAWS  OF  ALABA^^IA 

1738.  Certificates  issued. — If,  upon  such  examination,, 
it  appears  that  the  applicant  is  entitled  to  receive  a 
certificate,  the  secretary  of  the  board  shall  prepare  a 
certificate  in  conformity  with  this  article.  The  certificate 
shall  be  signed  by  the  secretary  of  the  State  board  of 
examiners  and  the  superintendent  of  education,  and  shall 
be  transmitted  to  the  teacher  entitled  to  the  same. 

1739.  Examination  papers  kept  on  file  six  months. — 
All  examination  papers  shall  be  kept  on  file  in  the  office  of 
the  superintendent  of  education  subject  to  public  inspec- 
tion for  six  months. 

1740.  (3579)  (985)  Lifetime  of  certificates.— Cer- 
tificates  granted  under  the  provisions  of  this  article  shall 
entitle  the  holder  to  teach  in  the  public  schools  of  any 
county  in  this  State  for  the  following  period  of  time :  A 
third-grade  certificate,  two  years;  a  second-grade  certifi- 
cate, four  years;  and  a  first-grade  certificate,  six  years 
from  the  date  of  issuance  of  the  same. 

1741.  Life  certificates. — Whenever  any  teacher  apply- 
ing for  a  certificate  shall  make  proof  that  he  has  been 
engaged  for  five  years  in  teaching  under  a  first-grade 
certificate,  which  proof  the  county  superintendent  of  edu- 
cation shall  transmit  to  the  State  board  of  examiners, 
and  shall  show  a  high  degree  of  proficiency  and  profes- 
sional attainment,  such  teacher  may  be  granted  a  life 
certificate  signed  as  prescribed  for  other  certificates. 

1742.  {Repealed.) 

1743.  Revoking  certificates. — The  superintendent  of 
education  shall  revoke  the  certificate  of  any  teacher  who 
shall  be  guilty  of  immoral  conduct  or  unbecoming  or  in- 
decent behavior. 

1744.  Register  of  licensed  teachers. — The  secretary 
of  the  State  board  of  examiners  shall  keep  a  register  of 
all  teachers  examined  and  licensed  under  this  article, 
showing  the  name  and  postoff ice  address  of  each  teacher. 


PI^BLIC  SCHOOL  LAWS  OF  ALABAMA  31 

and  the  date  and  grade  of  his  certificate,  and  shall  keep 
the  same  on  file  in  the  office  of  the  superintendent  of 
education,  and  shall  devote  his  time,  when  not  engaged 
in  the  work,  of  examining  teachers,  to  clerical  work  in 
the  department  of  education. 

1745.  Separate  districts. — The  provisions  of  this  arti- 
cle shall  not  be  construed  as  to  prohibit  separate  school 
districts  of  two  thousand  inhabitants  or  more,  having 
authority  at  present  by  their  charter  to  examine  teachers, 
to  further  examine  teachers  who  have  certificates  granted 
under  this  article. 

1746.  (3578)  Instructions  as  to  the  nature  of  alco- 
holic drinks  and  narcotics. — Every  teacher  shall  give  in- 
structions as  to  the  nature  of  alcoholic  drinks,  tobacco, 
and  other  narcotics,  and  their  effect  upon  the  human  sys- 
tem, and  such  subject  shall  be  taught  as  regularly  as  any 
other  in  the  public  schools. 

1747.  Teaching  agriculture  in  public  schools. — In  ad- 
dition to  the  branches  now  taught  in  the  public  schools, 
instructions  shall  be  given  in  the  elementary  principles 
of  agriculture,  and  said  subject  shall  be  taught  as  regu- 
larly as  other  branches  are  taught  in  said  school,  by  the 
use  of  a  text-book  in  the  hands  of  the  pupils,  and  such  in- 
struction shall  be  given  in  all  the  public  schools  of  the 
State. 

1748.  (3580)  (986)  Register  kept  by  teacher  and 
submitted. — Every  teacher  of  a  public  school  must  keep 
a  register  of  the  actual  daily  attendance  of  the  pupils 
in  his  school,  and  must  submit  such  register  to  the  dis- 
trict trustees  for  their  inspection. 

Note. — A  copy  of  the  pamphlet  containing  the  Rules  and  Regula- 
tions governing  the  examination  of  teachers  in  Alabama  may  be 
secured  by  writing  to  the  Superintendent  of  Education  at  Montgomery. 
A  one-cent  stamp  should  he  enclosed  to  cover  postage. 

1749.  (3581)  (987)  Monthly  report;  not  entitled  to 
compensation  until  forwarded. — Every  teacher  of  a  pub- 


32  rUBLIC  SCHOOL  LAWS  OF  ALABAMA 

lie  school  must,  within  five  days  after  the  end  of  each 
scholastic  month,  forward  to  the  county  superintendent 
of  education,  a  complete  report,  setting  forth  the  enroll- 
ment, attendance,  the  branches  taught,  ancj  the  number 
of  pupils  in  each,  distinguishing  between  the  boys  and 
the  girls,  and  stating  whether  a  white  or  colored  school ; 
also  the  number  of  days  taught,  the  amount  due  for  serv- 
ices from  school  revenues  of  the  district,  the  number  of 
vists  by  district  trustees,  and  the  name  and  postoffice 
address  of  the  teacher ;  and  such  report  must  be  sworn  to 
by  the  teacher  before  some  one  of  the  district  trustees, 
and  approved  by  them ;  and  no  teacher  can  draw  any  pay 
for  the  services  rendered  by  him  until  he  has  forwarded 
his  report  in  accordance  with  the  requirements  of  this 
section. 

1750.  (3582)  (988)  To  be  paid  monthly. —The  teach- 
ers of  public  schools  shall  be  paid  monthly,  as  provided  in 
this  chapter. 


No.  64.)  AN  ACT  (H.  344. 

To  authorize  the  State  board  of  examiners  to  issue 
first  grade  certificates  to  graduates  of  certain  institutions 
of  higher  learning  of  this  and  other  States;  to  provide 
for  the  issuance  of  teachers'  certificates  to  persons  hold- 
ing certificates  granted  in  other  States;  to  authorize  the 
extension  of  the  terms  of  first  grade  certificates,  of  second 
grade  certificates,  and  of  third  grade  certificates ;  and  to 
repeal  section  1723  of  the  Code  of  Alabama  as  amended 
by  section  4  of  an  act  approved  August  21,  1909. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
1.  That  the  State  board  of  examiners  is  hereby  author- 
ized to  grant  a  first  grade  teacher's  certificate  without 
further  examination  to  graduates  of  the  class  A  normal 
schools  of  Alabama  and  to  the  graduates  of  such  other 
institutions  of  higher  learning  in  this  and  other  states  as 
may  maintain  departments  for  teacher-training  meeting 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  33 

such  requirements  as  may  be  designated  by  the  State 
board  of  examiners;  provided,  that  certificates  shall  be 
issued  only  to  such  graduates  of  the  different  institu- 
tions as  have  successfully  passed  a  minimum  number  of 
courses  in  education  designated  and  approved  by  the 
State  board  of  examiners. 

2.  That  the  State  board  of  examiners  is  hereby  author- 
ized to  grant  a  certificate  of  qualification  to  teach  in  the 
public  schools  of  the  State  to  any  person  holding  a  cer- 
tificate, license,  or  diploma  authorizing  said  person  to 
teach  in  the  public  schools  of  any  other  state;  provided, 
that  the  certificate,  license,  or  diploma  shall  have  been 
originally  issued  for  and  in  consideration  of  qualifications 
at  least  equal  to  those  required  for  a  certificate  of  the 
same  grade  in  this  State ;  provided  further,  that  the  cer- 
tificate, license  or  diploma  shall  be  valid  in  this  State 
for  the  period  for  which  it  shall  have  been  issued  in  the 
State  where  it  was  originally  granted  and  may,  in  the 
discretion  of  the  board  of  examiners,  be  made  valid  for 
a  shorter  period.  For  the  purpose  of  carrying  out  the 
provisions  of  this  section,  it  is  hereby  made  the  duty  of 
any  county  superintendent  of  education  under  such  rules 
and  regulations  as  may  be  prescribed  by  the  State  board 
of  examiners,  to  forward  to  the  State  board  of  examiners 
within  five  days  after  the  receipt  thereof,  any  certificate, 
license,  or  diploma  which  may  have  been  issued  in  any 
other  state  and  which  may  be  placed  in  his  hands  with 
an  application  for  a  certificate  of  qualification  to  teach 
in  this  State.  Said  county  superintendent  of  education 
shall  accompany  the  certificate,  license,  or  diploma  so 
forwarded  to  the  State  board  of  examiners  with  any  ma- 
terial facts  of  which  he  may  have  knowledge  regarding 
the  holder  thereof.  Upon  receipt  of  the  certificate,  license, 
or  diploma  and  application,  the  State  board  of  examiners 
shall  examine  the  same  together  with  any  facts  relating 
thereto  or  to  the  holder  thereof,  which  may  have  come 
to  its  notice,  and  shall  within  ten  days  thereafter  either 
issue  a  certificate  to  applicant  or  transmit  to  the  county 
superintendent  from  whom  the  application  shall  have 
been  received,  notice  that  the  application  is  denied.  The 
State  board  of  examiners  may,  under  the  authority  con- 

2SC 


34  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

ferred  by  this  section,  issue  a  first  grade  certificate,  a 
second  grade  certificate,  or  a  third  grade  certificate. 

3.  That  the  State  board  of  examiners  is  hereby  author- 
ized to  extend  consecutively  from  year  to  year  for  a 
period  of  one  year  at  a  time  and  for  a  total  of  not  more 
than  four  consecutive  years,  any  first  grade  certificate, 
any  second  grade  certificate,  or  any  third  grade  certifi- 
cate; provided,  that  the  holder  of  any  such  certificate 
shall  have  attended  some  institution  of  higher  learning 
for  at  least  six  weeks  and  shall  have  pursued  a  course  of 
professional  study  designated  and  approved  by  the  State 
board  of  examiners  during  the  year  next  preceding  the 
one  for  which  extension  of  certificate  for  one  year  is 
sought  to  be  granted. 

4.  The  applicant  for  a  certificate  or  for  the  extension 
of  any  certificate  under  the  provisions  of  this  act  shall 
pay  the  same  fees  as  are  now  charged  applicants  for  cer- 
tificates of  the  same  grade. 

5.  That  section  1723  of  the  Code  of  Alabama  of  1907, 
as  amended  by  section  4  of  an.  act  approved  August  21, 
1909,  be  and  the  same  is  hereby  repealed. 

6.  All  laws  or  parts  of  laws  in  conflict  with  the  provi- 
sions of  this  act  be  and  the  same  are  hereby  repealed. 

Approved  February  17,  1915. 


No.  162.)  AN  ACT  (S.  165. 

To  authorize  the  State  board  of  examiners  to  issue 
emergency  certificates  good  until  the  July,  1919,  examina- 
tion. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
1.  That,  inasmuch  as  there  is  a  dearth  of  teachers  in 
the  State,  and  schools  in  a  number  of  counties  have  been 
unable  to  open  because  teachers  holding  State  certificates 
are  not  available,  the  State  board  of  examiners  is  hereby 
authorized,  under  such  rules  and  regulations  as  the  board 
may  deem  right  and  proper,  to  issue  emergency  certifi- 
cates good  until  the  July,  1919,  examination. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  35 

2.  That  said  emergency  certificates  shall  be  classified 
as  first,  second,  or  third  grade  certificates,  and  the  person 
to  whom  any  such  emergency  certificate  may  be  issued 
shall  pay  the  same  fee  as  for  a  regular  certificate  of  cor- 
responding grade. 

3.  That  all  laws  or  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  repealed^ 

Approved  February  18,  1919. 


CRIMINAL  PROVISIONS  OF  PUBLIC  SCHOOL  LAW. 

6413.  Injuring  or  defacing  public  or  private  build-- 
ings,  or  fences  thereof. — Any  person  who  willfully  in- 
jures or  defaces  any  church,  or  schoolhouse,  or  building 
belonging  to  the  State,  or  to  any  county,  city,  town,  or 
person,  or  writes  or  draws  figures,  letters,  or  characters 
on  the  walls  thereof,  or  on  the  fences  or  inclosures  thereof, 
must,  on  conviction,  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars,  and  may  also  be  imprisoned  in 
the  county  jail,  or  sentenced  to  hard  labor  for  the  county, 
for  not  more  than  three  months ;  and  the  fine  goes  to  the 
injured  party.  It  shall  not  be  necessary  to  aver  or  prove 
the  ownership  of  any  church  or  schoolhouse  in  prosecu- 
tions under  this  section. 

6769.  Disturbing  people  met  for  school  purposes  or 
holiday. — Any  person  who  willfully  disturbs  any  school, 
or  other  assemblage  of  people,  met  for  any  lawful  pur- 
pose, or  for  amusement  or  recreation  on  a  holiday  for  a 
school,  must,  on  conviction,  be  fined  not  less  than  five  nor 
more  than  fifty  dollars. 

6834.  Embezzlement  by  u^ing  school  money  for  other 
than  school  purposes. — Any  person  into  whose  hands,  or 
under  whose  control,  any  of  the  public  school  money  may 
come,  who  uses  or  permits  the  use  of  the  same,  or  any 
part  thereof,  except  for  purposes  of  the  public  schools, 
and  in  accordance  with  the  law  regulating  the  public 
schools,  and  providing  for  the  disbursement  of  the  public 


86  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

school  money,  is  guilty  of  embezzlement,  and,  on  convic- 
tion, must  be  punished  as  if  he  had  stolen  it. 

6897.  Shooting,  throwing  missiles  into,  etc,  dwelling 
and  other  houses. — Any  person  who  shoots  a  pistol  or 
other  firearm  or  slingshot,  or  who  throws  a  stone  or 
other  missile  at,  into,  in,  through,  or  against  a  dwelling 
house,  schoolhouse,  church  building,  factory,  storehouse, 
courthouse,  or  house  or  building  used  for  manufacturing 
purposes,  or  any  house  or  building  used  for  the  assem- 
blage of  people  for  business  or  pleasure,  shall  be  guilty 
of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be 
fined  not  more  than  one  thousand  dollars,  and  may  be  sen- 
tenced to  hard  labor  for  the  county  for  not  longer  than 
twelve  months. 

[Schoolmaster  stands  in  loco  parentis  and  may,  in  a  proper  case, 
Inflict  corporal  punishment ;  but  is  criminally  liable  for  an  abuse 
of  his  authority. — Bovd  v.  State,  88  Ala.  169;  McCormack  v.  State, 
102  Ala.  156.] 

7750.  Stealing  examination  questions,  penalty  for. — 
Any  person  who  purloins,  steals,  buys,  receives,  sells, 
gives,  or  offers  to  buy,  give,  or  sell  any  examination 
questions  or  copies  thereof  any  examination  provided 
by  law  before  the  date  of  the  examination  for  which  they 
had  been  prepared  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  not  less  than  one 
hundred  dollars,  and  may  be  sentenced  to  hard  labor  for 
the  county  for  not  less  than  six  months. 

7751.  Use  of  other  than  contract  books  in  public 
schools. — Any  teacher  who  shall  use  or  permit  to  be  used 
in  his  or  her  school  any  text-book  upon  the  branches  for 
which  text-books  are  adopted,  where  the  commission  has 
adopted  a  book  upon  the  branch,  other  than  the  one  so 
adopted,  except  supplementary  books,  shall  be  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  be  punished 
by  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty 
dolla,rs. 

7752.  Charging  more  than  contract  price  for  school 
books. — Any  local  agent,  dealer,  clerk,  or  other  person 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  37 

handling  or  selling  the  books  adopted  as  school  text-books, 
who  shall  demand  or  receive  for  any  copy  of  any  of  the 
books  so  adopted  more  than  the  contract  price,  in  cases 
where  the  purchase  is  for  cash,  shall  be  guilty  of  a  mis- 
demeanor, and,  upon  conviction,  shall  for  each  offense  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than 
five  hundred  dollars. 

7753.  Text-hook  provisions;  violation  of,  penalty. — 
Any  person  or  teacher  violating  the  provisions  of  article 
18  of  chapter  41  of  this  Code  as  to  text-books,  shall  be 
guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

7754.  Schoolho2ise  warrants  or  proceeds,  wrongful 
application  of;  penalty. — Any  person  who  shall  knowingly 
use  or  apply  or  authorize  the  use  or  application  of  the 
proceeds,  or  any  part  thereof,  of  any  warrant  delivered 
to  him  under  article  31  of  chapter  41  of  this  Code,  for 
the  purpose  or  objects  other  than  as  required  by  said 
articles,  shall  be  guilty  of  a  misdemeanor  and,  on  convic- 
tion, shall  be  fined  not  less  than  two  hundred  dollars  nor 
more  than  one  thousand  dollars,  and  may  also  be  impris- 
oned in  the  county  jail  or  sentenced  to  hard  labor  for  the 
county  for  not  more  than  six  months. 

7755.  False  or  fraudulent  enumeration  of  school  chil- 
dren; penalty  for. — Any  person  appointed  to  make  an 
enumeration  of  the  children  within  school  age  of  any 
public  school  district  in  this  State  as  required  by  law, 
who  shall  knowingly  make  a  false  or  fraudulent  enumera- 
ation  or  report  of  the  number  of  children  within  school 
age  residing  in  such  district,  shall  be  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  and  shall  also  be  sentenced  to  hard  labor 
for  the  county  for  not  less  than  six  months  nor  more  than 
twelve  months. 


38  PIBLIC  SCHOOL  LAWS  OF  ALABAMA 

ARTICLE  13. 

CHILDREN  AND  PUPILS  ELIGIBLE  TO  PUBLIC  SCHOOLS 

1755.  (3595)  (1000)  Pupils  entitled  to  instruction 
in  public  schools. — Every  minor  over  the  age  of  seven 
years  shall  be  entitled  to  admission  into,  and  instruction 
in  any  public  school  Of  his  or  her  own  race  or  color  in 
this  State. 

1756.  (3597)  When  non-residents  entitled  to  school 
privileges. — Any  parent  or  guardian  residing  within  the 
State  who  shall  pay  a  local  or  special  tax  on  real  estate 
valued  at  five  hundred  dollars  or  more,  in  any  city  or 
school  district,  shall  be  entitled  to  the  privilege  and  bene- 
fits of  the  public  schools  in  such  city,  or  school  district, 
for  their  children,  the  same  as  parents  and  guardians 
resident  therein.  The  provisions  of  the  charter  of  any 
municipality,  or  separate  school  district,  in  conflict  here- 
with, are  expressly  repealed. 

1757.  (3600)  (1003)  Separate  schools  for  the  two 
races. — In  no  case  shall  it  be  lawful  to  unite  in  one  school 
children  of  the  white  and  colored  races. 


No.  470.)  AN  ACT  (H.  319. 

To  compel  the  attendance  at  school  of  children  within 
certain  ages  in  the  State  of  Alabama ;  to  fix  exceptions  to 
such  provisions ;  to  provide  means  for  the  enforcement  of 
this  act;  to  require  reports  from  private  or  parochial 
schools;  to  make  it  unlawful  for  any  parent,  guardian, 
or  other  person  occupying  the  place  of  parent,  to  violate 
the  provisions  hereof;  to  make  it  unlawful  for  any  per- 
son, firm,  corporation,  or  association  to  employ  any  child 
in  violation  of  the  provisions  of  this  act ;  and  to  fix  punish- 
ments and  penalties  for  the  violations  of  this  act. 

Be  it  enacted  by  the  Legislature  of  Alabama: 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  39 

1.  That  on  and  after  the  first  day  of  October,  1917, 
every  parent,  guardian,  or  other  person  in  the  State  of 
Alabama  having  control  or  charge  of  any  child  or  chil- 
dren between  the  ages  of  eight  and  fifteen  years  inclusive,  i 
shall  be  required  to  send  such  child  or  children  to  a  public 
school  or  to  a  private,  denominational,  or  parochial  school 
taught  by  a  competent  instructor,  and  such  child  or  chil- 
dren shall  attend  school  for  at  least  eighty  days  during  ^ 
each  and  every  scholastic  year ;  provided,  that  the  county 
board  of  education,  or  in  the  case  of  an  incorporated  city 

or  town,  the  city  or  town  board  of  education,  shall  have 
power  to  reduce  the  period  of  compulsory  attendance  to 
not  less  than  sixty  days  for  any  individual  school;  pro- 
vided further,  that  the  period  of  compulsory  attendance 
for  each  school  shall  commence  at  the  beginning  of  the 
school,  unless  otherwise  ordered  by  the  county  board  of 
education  or  by  the  board  of  education  of  an  incorporated 
city  or  town,  as  the  case  may  be. 

2.  That  any  or  all  children  who  have  completed  the 
elementary  course  of  study  of  seven  grades  or  the  equiva- 
lent thereof,  shall  be  exempt  from  the  provisions  of  this 

act,  and  in  case  there  be  no  public  school  within  two  and  ^ 
one-half  miles  by  the  nearest  traveled  road  of  any  person  , 
between  the  ages  of  eight  and  fifteen  years  inclusive,  he 
or  she  shall  not  be  subject  to  the  provisions  of  this  act 
unless  public  transportation  within  reasonable  walking 
distance  is  provided;  provided  further  that  the  teacher 
of  any  school,  with  the  approval  of  the  attendance  officer, 
shall  have  the  authority  in  the  exercise  of  a  sound  discre- 
tion to  permit  the  temporary  absence  of  children  from 
the  school,  between  the  ages  of  eight  and  fifteen  years 
inclusive,  in  extreme  cases  of  emergncy  or  domestic 
necessity. 

3.  That  any  or  all  children  who  are  physically  or  men- 
tally incapacitated  for  the  work  of  the  school  are  exempt 
from  the  provisions  of  this  act,  but  the  school  authorities 
shall  have  the  right  and  they  are  hereby  authorized  when 
such  exemption  under  the  provisions  of  this  act  is  claimed 
by  any  parent,  guardian,  or  other  person  having  control 
of  such  child  or  children,  to  require  from  a  practicing 
physician  a  properly  attested  certificate  that  such  child 


40  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

or  children  should  not  be  required  to  attend  school  for 
some  physical  or  mental  condition  which  renders  his  at- 
tendance impractical  or  inexpedient. 

4.  That  in  any  cases  where  because  of  extreme  poverty, 
J  the  services  of  such  child  are  necessary  for  his  own  sup- 
port or  the  support  of  his  parents,  as  attested  by  an  affi- 
davit of  said  parents  and  such  witnesses  as  the  attendance 
officer  hereinafter  provided  for  may  require,  or  in  any 
case  where  such  parent,  guardian,  or  other  person  having 
control  of  the  child,  shall  show  before  any  justice  of  the 
peace  by  affidavit  of  himself  and  of  such  witnesses  as  the 
attendance  officer  hereinafter  provided  for  may  require, 
that  the  child  is  without  necessary  books  and  clothing  for 
attending  school  and  that  he  is  unable  to  provide  the 
necessary  books  and  clothes,  then  said  child  may  be  ex- 
cused from  the  provisions  of  this  act  until,  through  charity 
or  other  means,  books  and  clothing  shall  have  been  pro- 
vided, and  thereafter  the  child  shall  no  longer  be  exempt 
from  such  attendance. 

5.  That  the  county  boards  of  education  shall  divide 
their  respective  counties  exclusive  of  all  cities  and  towns, 
into  not  less  than  one  or  more  than  five  attendance  dis- 
tricts, and  said  board  shall  appoint  an  attendance  officer 
for  every  district  created,  who  shall  hold  his  office  at  the 
will  of  the  county  board  of  education,  and  the  boards  of 
education  of  all  cities  and  towns  shall  appoint  one  or  more 
attendance  officers  for  their  respective  cities  and  towns 
to  serve  at  the  pleasure  of  the  appointing  board. 

6.  That  at  the  beginning  of  the  annual  period  of  com- 
pulsory attendance,  the  State  superintendent  of  educa- 
tion or  the  county  superintendent  of  education,  as  the 
case  may  be,  shall  supply  to  each  principal  teacher  in  each 
school  a  list  of  all  children  between  the  ages  of  eight  and 
fifteen  years  inclusive,  who  shall  attend  such  school.  At 
the  end  of  the  fifth  day  of  the  compulsory  attendance 
period  of  any  school,  the  principal  teacher  shall  report 
to  the  attendance  officer  of  the  attendance  district,  the 
names  and  addresses  of  all  persons  between  the  ages  of 
eight  and  fifteen  years,  inclusive,  who  have  not  enrolled 
in  said  schools,  and  throughout  the  compulsory  attendance 
period,  the  principal  teacher  of  each  school  shall  report 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  41 

to  the  attendance  officer  of  the  attendance  district  the 
names  and  addresses  of  all  pupils  between  the  ages  of 
eight  and  fifteen  years,  inclusive,  who  are  absent  for  five 
consecutive  days  and  whose  absence  is  not  satisfactorily 
explained  by  the  parent,  guardian,  or  other  person  having 
control  of  the  child. 

7.  That  it  shall  be  the  duty  of  the  attendance  officer  to 
investigate  all  cases  of  non-enrollment  and  non-attend- 
ance reported  to  him  in  accordance  with  section  6.  In 
all  cases  investigated  where  no  valid  reason  for  non-en- 
rollment or  non-attendance  is  found,  it  shall  be  the  duty 
of  the  attendance  officer  to  give  written  notice  to  the 
parent,  guardian,  or  other  person  having  control  of  the 
child,  and  in  the  event  of  the  absence  of  the  parent, 
guardian,  or  other  person  having  control  of  the  child, 
from  his  or  her  usual  place  of  residence,  the  attendance 
officer  shall  leave  a  copy  of  the  notice  with  some  person 
over  twelve  years  of  age  residing  at  the  usual  place  of 
residence,  with  instructions  to  hand  such  notice  to  such 
parent,  guardian,  or  other  person  having  control  of  such 
child,  which  notice  shall  require  the  attendance  of  said 
child  at  such  school  within  three  days  from  date  of  said 
notice. 

8.  That  if  within  three  days  from  date  of  service  of 
the  notice,  the  parent,  guardian,  or  other  person  having 
control  of  the  child,  does  not  comply  with  the  provisions 
of  this  act,  then  the  attendance  officer  shall  make  com- 
plaint in  the  name  of  the  State  of  Alabama  against  such 
parent,  guardian  or  other  person  having  control  of  such 
child,  in  a  court  of  record  of  such  county,  which  court  is 
hereby  clothed  with  jurisdiction  over  all  offenders  and 
the  proceedings  under  this  act,  with  full  power  to  hear 
and  try  all  complaints,  impose  fines,  enforce  their  collec- 
tion, by  imprisonment  if  necessary,  and  fully  execute  the 
provisions  of  this  act. 

9.  That  it  shall  be  unlawful  for  any  merchant,  cor- 
poration, company,  or  other  person,  without  the  written 
permit  of  the  county  board  of  education  or  the  board  of 
education  of  any  incorporated  city  or  town,  as  the  case 
may  be,  to  employ  during  school  hours  any  child  between 
the  ages  of  eight  and  fifteen  years,  inclusive,  unless  such 


sy 


42  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

child  is  exempt  under  the  provisions  of  sections  2,  3,  or  4 
of  this  act ;  provided,  that  any  parent,  guardian,  or  other 
person  having  control  of  such  child  delinquent  in  school 
attendance,  or  any  merchant,  corporation,  company,  or 
other  person  violating  the  provisions  of  this  act,  shall  be 
guilty  of  a  misdemeanor  and  shall  be  fined  in  a  sum  not 
less  than  five  dollars  nor  more  than  fifty  dollars,  and  may 
be  committed  to  the  county  jail  for  a  term  of  not  to  exceed 
thirty  days ;  provided,  that  all  fines  collected  shall  be  paid 
into  the  county  treasury;  provided  further,  that  it  is 
hereby  made  the  duty  of  all  city  attorneys  in  their  respec- 
tive cities,  and  all  county  and  circuit  solicitors  for  the 
districts  of  their  respective  counties  and  for  such  incor- 
porated cities  and  towns  as  do  not  employ  a  city  attorney, 
to  prosecute  all  complaints  filed  and  actions  brought  under 
this  act. 

10.  All  school  officers,  including  those  in  private,  de- 
nominational, or  parochial  schools  in  this  State,  offering 
instructions  to  pupils  within  the  compulsory  attendance 
ages,  are  hereby  required  to  make  and  furnish  all  reports 
that  may  be  required  by  the  State  superintendent  of  edu- 
cation and  by  the  county  superintendent  of  education  or 

.by  the  board  of  education  of  any  incorporated  city  or 
town,  with  reference  to  the  workings  of  this  act.  Every 
teacher  employed  in  the  public  schools  of  the  State  of 
Alabama  is  hereby  required,  before  receiving  each  month's 
salary,  to  make  a  report  to  the  county  superintendent 
of  education,  or  to  the  superintendent  or  principal  of  an 
incorporated  city  or  town  in  which  he  may  be  employed, 
showing  the  names  and  addresses  of  all  pupils  who  have 
been  truant  or  habitually  absent  from  school  during  the 
previous  month,  and  stating  the  reasons  for  such  truancy 
or  habitual  absence,  if  known;  provided,  that  all  such 
cases  of  said  truancy  shall  be  brought  to  the  notice  of 
the  attendance  officer  by  the  county  superintendent  or  by 
the  superintendent  or  principal  of  the  school  in  any  incor- 
porated city  or  town,  as  the  case  may  be,  and  the  same 
shall  be  investigated  by  said  officer. 

11.  That  in  case  that  any  pupil  has  become  habitually 
truant  or  a  menace  to  the  best  interests  of  the  school 
which  he  is  attending  or  should  attend,  then  it  shall  be 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  43 

the  duty  of  the  attendance  officer  to  report  such  fact  and 
condition  to  the  parent,  guardian,  or  other  person  having 
control  of  such  child,  who  shall  be  held  liable  under  the 
provisions  of  this  act  for  the  regular  attendance  and  good 
conduct  of  such  child,  unless  such  parent,  guardian,  or 
other  person  having  control  of  such  child  shall  state  in 
writing  to  the  attendance  officer  that  he  or  she  is  unable 
to  control  such  child,  whereupon  said  attendance  officer 
shall  proceed  against  such  incorrigible  pupil  as  a  disor- 
derly person  before  a  court  of  competent  jurisdiction,  and 
said  child  upon  conviction  may  be  sentenced,  if  a  white 
boy,  to  the  Alabama  Boys'  Industrial  School ;  or  if  a  white 
girl,  to  the  Mercy  Home  and  Industrial  School;  or  if  a 
negro  boy,  to  the  Alabama  Reform  School  for  Juvenile 
Negro  Law-Breakers ;  or  if  a  negro  girl,  to  such  custodial 
institutions  in  the  State  as  the  judge  may  designate  and 
for  such  time  as  the  court  may  decide ;  provided,  that  the 
maintenance  of  such  child  in  the  institution  shall  be  paid 
as  the  law  provides  for  -the  maintenance  of  such  as  are 
committed  to  the  aforesaid  institutions,  and  in  all  cases 
where  a  child  is  so  committed,  it  shall  be  placed  in  charge 
of  some  suitable  person  designated  by  the  court  and  con- 
veyed under  his  direction  to  the  designated  institution, 
and  the  actual  necessary  expenses  thereby  incurred  shall 
be  paid  by  the  board  of  county  commissioners  or  the 
county  board  of  revenue;  provided,  that  a  woman  shall 
always  be  sent  to  accompany  girls  so  committed. 

12.  That  the  attendance  officer,  whose  appointment  is 
by  this  act  provided  for,  shall  keep  an  accurate  record 
of  all  notices  served,  all  cases  prosecuted,  and  all  other 
services  performed,  and  shall  make  an  annual  report  of 
the  same  to  the  county  board  of  education,  or  in  the  case 
of  an  incorporated  city  or  town,  to  the  city  or  town  board 
of  education  by  whom  he  is  employed.  Said  attendance 
officers  who  are  appointed  by  the  county  board  of  educa- 
tion shall  receive  from  the  county  treasury  not  more  than 
three  dollars  for  each  day  of  actual  service,  and  the  at- 
tendance officers  appointed  by  the  board  of  education  of 
any  incorporated  city  or  town  shall  receive  from  the  treas- 
ury of  said  city  or  town  not  more  than  three  dollars  for 
each  day  of  actual  service.    Said  attendance  officers  shall 


44  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

be  paid  as  other  employees  of  the  county  or  of  the  incor- 
porated cities  or  towns,  as  the  case  may  be,  are  paid; 
provided,  that  no  attendance  officer  shall  receive  any  com- 
pensation under  the  provisions  of  this  act  until  he  shall 
have  filed  an  itemized  statement  of  the  time  employed 
in  such  service  and  until  the  same  shall  have  been  certified 
to  by  the  county  superintendent  of  education,  or  by  the 
secretary  of  the  board  of  education  in  an  incorporated  city 
or  town,  as  the  case  may  be,  in  which  said  attendance 
officer  is  employed,  provided  further,  that  no  attendance 
officer  shall  be  paid  for  more  days  service  in  any  one  year 
than  the  number  of  days  the  school  is  in  session  that  year. 

13.  That  in  order  that  the  provisions  of  this  act  may 
be  more  definitely  enforced,  the  county  superintendent  of 
education  shall,  not  later  than  ten  days  before  the  com- 
pulsory attendance  term,  furnish  to  each  principal  teacher 
of  a  rural  school,  and  to  the  superintendent  or  principal 
of  the  school  or  schools  in  any  incorporated  city  or  town, 
a  list  of  all  the  children  from  eight  to  fifteen  years  of  age, 
inclusive,  who  should  attend  the  school  or  schools  under 
the  charge  of  the  said  principal  teacher  of  a  rural  school, 
or  of  the  superintendent  or  principal  of  a  school  or  schools 
in  any  incorporated  city  or  town,  as  the  case  may  be, 
giving  the  name,  date  of  birth,  age,  sex,  race,  and  esti- 
mated distance  from  the  schoolhouse  by  the  nearest  trav- 
eled road,  the  name  and  address  of  parents,  guardian,  or 
other  person  in  parental  relationship. 

14.  That  the  information  required  under  section  13 
shall  be  prepared  by  the  county  superintendent  of  educa- 
tion during  the  even  numbered  years,  from  the  census 
booklets  on  file  in  his  office,  and  in  the  odd  numbered 
years,  it  shall  be  prepared  by  the  county  superintendent 
of  education  by  correcting  and  supplementing  the  list 
prepared  and  furnished  by  him  the  preceding  year;  and 
to  this  end  the  district  trustee  or  trustees  of  any  rural 
school,  and  the  secretary  of  the  board  of  education  in 
any  incorporated  city  or  town,  shall  furnish  to  the  county 
superintendent  of  education  on  or  before  the  fifteenth 
day  of  August  of  each  odd  numbered  year,  a  list  of  all 
pupils  who  have  removed  from  the  bounds  of  the  school 
or  schools,  as  the  case  may  be,  and  an  additional  list  giv- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  45 

ing  the  name,  date  of  birth,  age,  sex,  race,  and  estimated 
distance  from  the  schoolhouse  by  the  nearest  traveled 
road,  and  the  name  and  address  of  the  parent,  guardian, 
or  other  person  in  parental  relationship  of  those  pupils 
who  have  moved  within  the  bounds  of  the  school  or  have 
become  eight  years  of  ace  since  the  last  school  census. 
Approved  September  15,  1915. 


No.  221.)  AN  ACT  (S.  170. 

To  require  private,  denominational,  and  parochial 
schools  to  make  school  reports. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1,  That  all  private,  denominational  and  parochial 
schools,  or  private,  denominational  and  parochial  institu- 
tions of  any  kind  having  a  school  in  connection  therewith, 
shall  be  required  to  report  on  uniform  blanks  furnished 
by  the  State  superintendent  of  education,  and  at  the  time 
for  making  such  reports,  such  statistics  as  relate  to  the 
number  of  pupils  and  instructors,  enrollment,  attendance, 
course  of  study,  length  of  term,  cost  of  tuition,  funds, 
value  of  property,  and  the  general  condition  of  the  school. 

2.  All  private,  denominational  or  parochial  schools 
offering  instruction  within  the  compulsory  attendance 
ages  shall  keep  all  records  and  make  all  reports  that  may 
be  required  in  any  compulsory  attendance  law  now  in 
force  or  that  may  hereafter  be  enacted  in  the  State  of 
Alabama,  and  no  pupil  attending  any  private,  denomina- 
tional, or  parochial  school  which  fails  to  comply  with 
the  requirements  of  this  act  shall  be  considered  to  have 
met  the  legal  requirements  of  such  compulsory  attendance 
law. 

Approved  August  16,  1915. 


46  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

ARTICLE  14. 

EXAMINATIONS  IN  PUBLIC  SCHOOLS. 

1758.  (3599)  (1002)  Public  examinations,  and  cer- 
tificates to  pupils. — Public  examinations  must  be  held  in 
the  public  schools  at  least  once  in  every  year;  and  when 
the  board  of  education  shall  be  satisfied  that  any  pupil 
has  become  thoroughly  educated  in  all  the  branches  of 
free  instruction  in  any  one  of  such  schools,  they  shall 
give  to  him  or  her  a  certificate  to  that  effect. 


ARTICLE  15. 

SCHOLASTIC  PERIODS. 

1759.  (3598)  (1001)  Scholastic  periods,— The  scho- 
lastic year  shall  begin  on  the  first  day  of  October  of  each 
year,  and  end  on  the  thirtieth  day  of  September  of  the 
following  year;  twenty  days  shall  constitute  a  school 
month,  and  a  school  day  shall  be  not  less  than  six  hours. 


ARTICLE  16. 

APPORTIONMENT  OF  SCHOOL  FUNDS;  DISBURSEMENT 

1760.  (3601)  (1004)  State  auditor  certifies  amount 
of  educational  fund;  superintendent  apportions. — On  the 
first  day  of  October  of  each  year,  or  as  soon  thereafter  as 
practicable,  the  State  auditor  shall  certify  to  the  superin- 
tendent of  education  the  amount  of  money  which  has 
accrued  and  been  placed  by  him  to  the  credit  of  the  edu- 
cational fund  for  the  scholastic  year  commencing  on  that 
day,  stating  specifically  the  amount  derived  from  each 
source,  and  any  unexpended  balance  there  may  be  from 
the  appropriation  of  the  previous  year  to  be  carried  for- 
ward; and  the  amount  so  certified  shall  be  apportioned 
by  the  superintendent  of  education,  and  be  drawn  and  dis- 
l)ursed  as  provided  by  law. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  4T 

1761.  (3602,  3605)  (1005,  1008)  Contingent  ex- 
penses and  amount  for  normal  schools  set  apart;  residue 
apportioned. — As  soon  as  such  certificate  is  received  by 
the  superintendent  of  education,  he  shall  set  apart  the 
following  amounts  for  normal  schools,  to-wit:  For  the 
normal  schools  at  Florence,  Troy,  Jacksonville  and  at 
Livington,  twenty  thousand  dollars  each;  and  for  the 
normal  schools  at  Moundville  and  Daphne,  five  thousand 
dollars  each;  and  for  other  normal  schools,  such  sums 
as  are  provided  by  law,  and  he  shall  then  apportion  all  the 
remainder  of  such  funds,  as  far  as  practicable,  among 
the  several  counties  in  the  State  in  proportion  to  the 
number  of  school  children  of  school  age  therein,  according 
to  the  latest  returns  of  enumeration  of  school  population 
of  the  counties  which  have  been  made  to  his  office,  but  if 
such  enumerations  have  not  been  made  as  provided  by 
law,  or  have  not  been  reported  to  him  by  the  county 
superintendent  of  education,  and  the  superintendent  of 
education  has  not  caused  a  new  enumeration  to  be  made, 
he  shall  then  apportion  to  each  county  according  to  the 
best  information  he  can  obtain  of  the  entire  number  of 
children  of  school  age  in  such  counties,  but  in  no  event 
shall  he,  in  case  of  such  failure  to  enumerate  or  report 
all  the  children  of  school  age  in  the  respective  counties, 
estimate  the  school  population  of  any  county  at  more 
than  the  last  official  report  to  his  office. 

1762.  (363)  (1006)  Amounts  apportioned  certified 
to  auditor;  no  wan-ants  drawn  in  excess;  balance  unap-^ 
portioned  certified  to  treasurer. — As  soon  as  such  amounts 
have  seen  set  apart,  and  such  apportionment  has  been 
made,  the  superintendent  of  education  shall  certify  to 
the  State  auditor  the  amount  set  apart  for  each  particular 
purpose  or  appropriation,  and  the  total  amount  of  the  ap- 
portionment to  the  several  counties,  and  the  State  auditor 
shall  see  that  no  warrants  are  drawn  against  the  educa- 
tional fund,  for  any  purpose,  for  any  amount  in  excess 
of  the  amounts  so  certified  as  set  apart  and  apportioned ; 
and  he  shall  certify  to  the  State  treasurer  the  amount  of 
the  school  revenue,  exclusive  of  poll  tax,  unapportioned 
by  the  superintendent  of  education,  and  the  treasurer 


48  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

shall  set  apart  the  amount  out  of  any  money  received  from 
the  taxes  of  the  current  year,  and  he  shall  keep  the 
same  separate  and  apart  from  all  other  revenues,  and 
shall  not  pay  out  any  of  such  money  except  upon  warrants 
for  school  purposes. 

1763.  Superintendent  must  certify  and  report  amount 
of  school  fund  apportioned  to  the  several  counties  to  the 
county  superintendents  of  education. — As  soon  as  prac- 
ticable after  the  superintendent  of  education  has  appor- 
tioned to  the  several  counties  the  amount  of  school  funds 
in  proportion  to  the  number  of  school  children  of  school 
age  therein,  he  shall  certify  and  report  the  amount  to  the 
respective  county  superintendents  of  education,  or  to  the 
county  board  of  education  in  case  there  is  no  county  su- 
perintendent of  education,  taking  their  receipts  for  such 
amounts  so  certified. 

1764.  (3604)  (1007)  Interest  on  sixteenth-section 
or  other  trust  fund  first  set  apart;  effect  of  apportion- 
ment.— In  making  the  apportionment  of  school  money  to 
the  several  districts,  the  superintendent  of  education  shall 
first  set'  apart  to  each  township  or  other  school  district 
the  amount  due  from  the  State  thereto  as  interest  on  its 
sixteenth-section  fund,  or  other  trust  fund,  held  by  the 
State;  and  all  townships  or  school  districts,  having  an 
income  from  such  source,  or  from  the  lease  or  sale  of 
sixteenth-section  lands,  shall  not  receive  anything  out 
of  the  balance  of  the  educational  fund  to  be  apportioned, 
until  all  other  townships  or  school  districts,  having  no 
trust  fund  shall  have  received  from  the  general  fund 
such  amount  as  will  give  them  an  equal  per  capita  appor- 
tionment with  the  townships  or  districts  having  such 
income. 

1765.  Apportionment  of  school  funds  to  school  dis- 
tricts of  the  several  counties. — As  soon  as  practicable 
after  the  superintendent  of  education  has  apportioned 
the  school  funds  to  the  several  counties  and  has  certified 
the  same  to  the  county  superintendents  of  education,  the 
county  boards  of  education  shall  apportion  the  funds 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  49 

awarded  to  their  county  to  the  several  school  districts  in 
their  counties,  so  as  to  provide,  as  nearly  as  practicable, 
school  terms  of  equal  duration  in  such  school  districts. 

1766.  Report  of  apportionment  by  county  hoards  of 
education  to  supe7'intendent  of  education. — As  soon  as 
practicable  after  the  county  boards  of  education  have 
apportioned  the  school  funds  of  their  country  for  any 
scholastic  year  to  the  several  school  districts,  they  shall 
report  in  writing  their  proceedings  to  the  superintendent 
of  education,  showing  the  amounts  apportioned  to  the 
several  school  districts. 

1767.  County  boards  must  keep  record  of  apportion- 
ment.— County  boards  of  education  must  keep  a  record 
of  each  and  every  apportionment  of  school  funds  of  their 
counties  to  the  several  school  districts. 

1768.  (3606)  (1009)  Apportionment  recorded,  and 
certified  to  county  superintendents;  when  contracts  for 
school  invalid. — As  soon  as  such  apportionment  is  com- 
pleted, the  superintendent  of  education  shall  have  the 
same  recorded  in  his  office,  in  books  kept  for  that  pur- 
pose, showing  the  amount  which  has  been  apportioned 
to  each  district,  and  the  sources  from  which  the  same 
was  derived,  the  amount  to  each  district,  and  the  number 
of  children  in  the  district  upon  which  the  apportionment 
was  based;  and  he  shall  then  furnish  to  each  county  su- 
perintendent of  education  a  certified  copy  from  such 
books,  showing  the  dividends  of  the  educational  fund  to 
each  township  or  district  under  the  latter's  supervision; 
and  the  amount  so  divided  and  certified  shall  be  the  total 
amount  which  each  of  said  school  districts  shall  be  en- 
titled to  receive  from  the  State,  except  the  poll  tax,  during 
the  current  scholastic  year;  and  no  contract  to  pay  any 
school  or  schools,  for  any  district  more  than  the  amount 
thus  apportioned  to  it,  together  with  such  poll  tax  as  it 
may  receive,  and  such  funds  as  may  be  in  hand  from  any 
previous  year,  shall  be  valid  against  the  State  or  town- 
ship. 


50  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

1769.  (3607)  (1010)  Poll  tax  received  by  each  courts 
ty. — Each  county  shall  receive  as  school  money  all  the 
poll  tax  collected  therein ;  and  the  same  shall  be  its  full 
distributive  share  of  the  aggregate  poll  tax  collected  in 
this  State. 

(See  section  2199  of  the  Code.) 

1770.  (3609)  (1012)  Amounts  due  each  county  ap^ 
portioned  and  certified  to  auditor. — The  superintendent 
of  education  shall,  by  the  tenth  day  of  October  in  each 
year,  or  as  soon  thereafter  as  practicable,  apportion  to 
every  county  the  amount  of  school  money  such  county 
will  be  entitled  to  receive  for  the  scholastic  year  from  all 
sources  except  such  special  tax,  if  any,  levied  for  school 
purposes  in  any  county ;  and  he  shall  certify  the  same  to 
the  State  auditor. 

1776.*  (3617)  (1016)  Apportionment  and  expendu. 
ture  of  local  school  money. — All  local  school  funds  raised 
for  the  support  of  public  schools  by  taxation  or  other- 
wise shall  be  apportioned  and  expended  in  the  district  or 
districts  or  counties  in  which  the  same  Were  raised,  under 
such  rules  and  regulations  as  the  district  trustees,  or  other 
local  authority  provided  by  law,  may  prescribe;  but  this 
section  shall  not  be  construed  to  repeal  any  provision  for 
the  apportionment  and  disbursement  of  money  mentioned 
in  this  chapter,  or  provided  for  in  special  or  local  laws; 
and  all  funds  contributed  by  persons,  or  otherwise,  to 
such  district,  shall  be  applied  as  indicated  in  the  grant 
from  such  contributors ;  and  no  school  moneys  distributed 
to  the  various  counties  from  the  State  school  revenue  shall, 
either  directly  or  indirectly,  be  paid  for  the  erection  of 
schoolhouses,  for  the  use  of  schoolroom  furniture,  or  any 
other  contingent  expenses  of  schools. 

1777.  (3618)  (1017)  Apportionment  of  income  from 
trv^t  fund  when  township  divided. — Whenever  a  town- 
ship or  district  which  has  an  income  from  a  trust  fund 
is  divided  by  a  State  or  county  line,  or  otherwise,  into 

♦See  law  for  local  taxation  at  end  of  article  16,  page  52. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  51 

separate  districts,  or  includes  a  city  which  is  a  separate 
school  district,  such  income  must  be  divided  between  and 
apportioned  to  each  school  district  in  such  township  or 
district,  according  to  the  school  population  of  each. 

1778.  (3620)  (1019)  Fund  once  apportioned,  not 
used  for  other  purposes  until  reapportioned. — Funds 
which  have  accrued  and  have  been  apportioned  to  any 
district  or  race  shall  not  be  used  for  the  benefit  of  any 
other  district  or  race  until  the  same  shall  have  been  re- 
apportioned under  the  provisions  of  this  Code. 

1779.  (3621)  (1020)  What  part  of  income  new  dis- 
tricts are  entitled  to. — Whenever  any  separate  school  dis- 
trict is  created,  which  shall  embrace  parts  of  two  or 
more  districts,  such  district  shall  receive  its  proportion- 
ate share  of  the  income  from  any  trust  fund  belonging  to 
either  or  both  of  such  districts,  according  to  its  school 
population. 

1780.  (3622)  (1021)  Contingent  fund  for  depart- 
ment of  education. — The  State  treasurer  shall  annually 
set  apart,  out  of  any  money  in  the  treasury,  the  sum  of 
three  thousand  dollars  as  a  contingent  fund  for  the  de- 
partment of  education;  and  whenever  it  shall  become 
necessary  to  draw  on  such  fund,  the  superintendent  of 
education  shall  certify  the  amount  necessary,  and  for 
what  purpose,  to  the  auditor,  who  shall  draw  his  warrant 
on  the  treasurer  for  such  amount.  The  superintendent 
of  education  shall  keep  an  accurate  account  of  all  sums 
which  he  shall  certify  to  be  paid  out  of  such  contingent 
fund,  and  shall  furnish  an  itemized  statement  thereof  to 
the  governor  each  year,  with  his  annual  report.  Out  of 
this  fund  the  superintendent  of  education  shall  also  pro- 
vide plans,  specifications  and  blue  prints  for  the  use  of 
such  rural  school  districts  as  may  desire  to  erect,  with 
State  aid,  new  school  buildings. 


52  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

No )  AN  ACT  (S.  82. 

To  provide  for  elections  to  authorize  any  county  in  the 
State  to  levy  and  collect  a  special  county  tax  for  public 
schools  not  to  exceed  thirty  (30)  cents  on  each  one  hun- 
dred dollars  ($100)  w^orth  of  taxable  property  in  such 
county ;  to  authorize  any  school  district,  in  any  county  that 
may  be  levying  special  county  taxes  for  school  purposes  of 
not  less  than  thirty  (30)  cents  on  each  one  hundred  dol- 
lars ($100)  w^orth  of  taxable  property  in  such  county,  to 
levy  a  special  district  tax  for  school  purposes  not  to  ex- 
ceed thirty  (30)  cents  on  each  one  hundred  dollars  ($100) 
dollars  w^orth  of  taxable  property  in  such  school  district ; 
and  to  authorize  boards  of  education  to  issue  interest- 
bearing  warrants  to  erect,  repair  and  equip  school  build- 
ings and  to  otherwise  improve  school  facilities. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
1.  That  upon  a  petition  signed  by  two  hundred  or  more 
qualified  electors  of  any  county,  to  the  court  of  county 
commissioners  or  other  governing  body,  in  any  county 
within  the  State  of  Alabama,  said  court  of  county  com- 
missioners or  other  governing  body  shall  order  an  election 
to  be  held  at  the  time  specified  in  said  petition  to  deter- 
mine whether  or  not  a  special  tax  shall  be  levied  for 
public  school  purposes  within  said  county  and  upon  re- 
quest of  the  county  board  of  education  or  of  the  board  of 
education  of  any  city  of  2,000  or  more  inhabitants  as  the 
case  may  be,  to  the  court  of  county  commissioners  or 
other  governing  body,  said  court  shall  order  an  election 
to  be  held  at  the  time  requested  by  the  said  board  of  edu- 
cation to  determine  whether  or  not  a  special  tax  shall  be 
levied  for  public  school  purposes  within  any  school  dis- 
trict in  any  county  under  the  control  of  such  board ;  pro- 
vided that  no  election  in  any  school  district  shall  be  held 
for  the  purpose  of  levying  and  collecting  a  special  school 
tax  for  school  purposes  unless  the  county  in  which  said 
district  is  located  shall  be  levying  and  collecting  special 
county  taxes  for  school  purposes  of  not  less  than  thirty 
(30)  cents  on  each  one  hundred  ($100)  dollars  worth  of 
taxable  property  in  such  county.    The  sheriff  must  give 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  53 

notice  at  least  thirty  days  before  any  election  to  be  held 
under  this  act  by  publication  in  some  newspaper  in  the 
county,  if  any  is  published  therein,  and  if  not,  by  writing 
posted  at  the  courthouse  door  and  at  three  other  public 
places  in  the  county  of  the  time  of  holding,  and  when  any 
election  is  to  be  held  for  a  special  tax  for  school  purposes 
in  any  school  district,  written  notice  shall  be  posted  in 
three  public  places  within  said  district  thirty  days  prior 
to  said  election.  Said  publications,  both  for  special  coun- 
ty and  district  elections  for  school  purposes  shall  show 
the  rate  of  such  proposed  tax,  the  time  it  is  proposed  to 
be  continued,  and  the  purpose  for  which  the  levy  is  pro- 
posed to  be  made. 

2.  That  the  inspectors  and  officers  of  the  special  county 
election  shall  be  appointed  and  such  election  shall  be 
held,  and  the  results  of  such  election  shall  be  declared  in 
the  same  manner  and  by  the  same  officers  as  the  results  of 
the  regular  election  for  county  officers  under  the  general 
election  laws  of  the  State ;  provided  that  the  election  may 
be  held  at  the  time  for  holding  any  regular  election  in 
the  county,  and  if  held  at  such  time  the  inspectors  and 
officers  of  the  general  election  shall  conduct  at  the  same 
time  the  election  herein  provided  for,  and  for  such  serv- 
ices they  shall  receive  no  compensation  other  than  that 
allowed  them  for  the  holding  of  the  general  election ;  but 
if  the  election  is  held  at  some  other  time  than  that  of 
holding  the  regular  election  within  the  county,  then  the 
election  officers  shall  receive  the  same  pay  as  that  for 
holding  a  general  election. 

3.  That  upon  a  written  request  of  the  county  board  of 
education  or  of  the  board  of  education  of  any  city  of  2,000 
or  more  inhabitants  for  a  special  election  in  any  school 
district  under  the  control  of  such  board,  the  court  of 
county  commissioners  or  other  governing  body  shall  call 
an  election  at  the  time  and  for  the  district  as  requested  by 
the  said  board  of  education,  and  shall  appoint  three  man- 
agers and  one  returning  officer  for  each  voting  place  in 
the  school  district,  to  conduct  and  make  return  of  such 
election  in  the  school  district,  and  in  the  event  such  elec- 
tion officers  fail  to  appear  at  the  polling  place  to  which 
they  are  appointed,  the  officer  or. officers  who  do  appear 


64  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

shall  appoint  some  one  to  take  their  places;  provided; 
that  all  election  officers  shall  be  qualified  electors  of  the 
district  in  which  they  serve ;  and  it  shall  be  the  duty  of  the 
sheriff  to  notify  all  officers  of  their  appointment  by  the 
court  of  county  commissioners  or  other  governing  body. 
The  managers  of  such  election  shall  open  the  polls  at  eight 
o'clock  a.  m.,  and  close  the  same  at  five  o'clock  p.  m.,  on 
the  day  of  the  election,  and  immediately  after  closing  the 
polls,  shall  ascertain  the  results  of  the  election  at  their 
respective  voting  places  and  make  returns  of  the  same  to 
the  court  of  county  commissioners  or  other  governing 
body  of  the  county,  and  deliver  the  ballot-boxes  containing 
the  returns  with  the  polling-lists,  tally-sheets,  and  other 
necessary  papers,  to  the  returning  officers  of  such  voting 
places,  who  shall  deliver  the  same  to  the  court  of  county 
commissioners,  or  other  governing  body,  on  or  before 
noon  of  the  second  day  after  said  election.  The  court  of 
county  commissioners  or  other  governing  body,  shall 
within  four  days  after  said  election,  canvass  the  returns 
so  made  and  under  oath  make  a  written  report  declaring 
the  result  of  said  election  in  said  school  district,  showing 
the  number  of  votes  cast  both  for  and  against  the  pro- 
posed taxation.  A  copy  of  such  report  shall  be  printed  in 
some  newspaper  published  in  the  county,  and  the  original 
shall  be  filed  in  the  office  of  the  probate  judge.  Except 
as  otherwise  provided  herein,  said  election  shall  be  held 
under  the  general  laws  of  the  State.  The  officers,  includ- 
ing the  sheriff,  shall  perform  the  same  duties  and  receive 
the  same  pay  as  provided  for  under  the  general  election 
laws  aforesaid;  and  all  costs  and  fees  of  said  election 
shall  be  paid  out  of  the  county  treasury. 

4.  That  in  order  to  make  it  possible  to  work  out  a  sys- 
tem of  local  tax  units  adapted  to  the  needs  of  the  whole 
county,  the  county  board  of  education  may  of  its  own 
initiative,  fix  the  boundaries  of  any  school  district  in 
which  it  is  proposed  to  levy  a  local  school  tax.  In  making- 
application  for  a  special  election  in  any  such  district  as 
provided  in  section  3  of  this  act,  the  county  board  of 
education  shall  submit  a  map  made  by  the  county  surveyor 
or  other  competent  person  showing  the  boundaries  of  the 
school  district  for  which  the  special  tax  levy  is  proposed, 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  55 

indicating  the  section  or  sections,  townships  and  ranges, 
together  with  a  correct  description  of  the  boundaries  of 
said  district.  This  map  shall  also  show  the  location  of 
public  utilities  such  as  power  plants,  railroad,  telephone 
and  telegraph  lines,  if  any,  in  such  district,  and  the  rail- 
road mileage  for  each  and  every  corporation  having  prop- 
erty therein.  The  county  superintendent  shall  include  a 
full  and  correct  description  of  such  boundaries  in  the 
minutes  of  the  county  board  of  education  and  shall  also 
furnish  a  full  and  correct  description  of  such  boundaries 
to  the  State  department  of  education,  to  the  State  board  of 
equalization  and  to  the  probate  judge  of  the  county  who 
shall  record  the  same  in  a  book  to  be  kept  by  him  for  that 
purpose,  provided  that  the  tax  levy  in  any  district  already 
voted  is  hereby  confirmed,  but  it  is  made  the  duty  of  the 
county  board  of  education  to  have  a  proper  map  of  such 
district  made  and  recorded  as  herein  provided;  provided 
further,  that  the  levy  of  a  district  school  tax  shall  operate 
to  fix  the  boundaries  of  such  district  for  the  time  of  such 
special  levy,  except  as  hereafter  provided;  and  provided 
further  that  any  city  of  2,000  or  more  inhabitants  shall 
constitute  an  independent  school  district  for  the  purpose 
of  levying  the  tax  authorized  under  this  act. 

5.  That  when  it  shall  seem  desirable  to  enlarge  any 
special  tax  district,  by  consolidating  with  it  any  adjacent 
school  territory  or  district  which  may,  or  may  not,  be 
levying  any  special  school  tax,  the  county  board  of  educa- 
cation  may  petition  the  court  of  county  commissioners  or 
other  governing  body,  to  call  an  election  in  all  of  the  dis- 
tricts concerned  including  the  special  tax  district  pro- 
posed to  be  enlarged,  to  determine  whether  a  special  tax 
for  a  uniform  rate  and  time  shall  be  voted  in  each  and 
every  one  of  the  districts,  provided  that  the  proposed 
rate  and  time  shall  not  be  less  than  the  maximum  rate  in 
any  district  or  the  maximum  time  in  any  district.  There- 
upon the  said  board  of  county  commissioners  or  other 
governing  body  shall  call  an  election  in  like  manner  as 
already  prescribed  in  section  three  of  this  act,  in  the 
several  districts  proposed  to  be  consolidated  and  if  a 
majority  of  the  qualified  electors  in  each  and  all  of  the 
districts  proposed  to  be  consolidated  shall  vote  favorably, 


56  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

the  districts  shall  be  consolidated  into  a  new  district  and 
the  tax  as  voted  shall  be  levied  and  collected  in  the  new 
district  as  a  unit,  but  the  creation  of  the  new  ristrict 
shall  not  operate  to  relieve  the  county  board  of  education 
of  responsibility  and  liability  for  the  just  obligations  of 
each  and  all  of  the  districts  so  consolidated  and  made 
prior  to  such  consolidation ;  provided  that  in  the  event  a 
majority  of  the  qualified  voters  in  any  of  the  districts 
proposed  to  be  consolidated  shall  vote  against  the  pro- 
posed consolidation,  then  said  consolidation  shall  not  be 
made  and  each  district  shall  remain  as  before  and  with 
the  same  taxing  privilege. 

6.  That  the  board  of  education  of  any  county  which  is 
levying  a  county  tax  for  school  purposes  under  the  provi- 
sions of  this  act,  in  order  to  erect,  repair  or  equip  school- 
houses  or  to  make  other  improvements  in  the  school  facili- 
ties of  the  county  is  hereby  authorized  to  issue  interest- 
bearing  warrants  at  a  rate  not  to  exceed  6  per  cent  per 
annum,  for  a  term  not  to  exceed  the  time  the  said  special 
tax  lexy  has  been  voted  for  said  county,  and  for  an 
amount,  including  interest,  not  to  exceed  the  income 
from  said  levy ;  and  the  board  of  education  of  any  county 
or  of  any  city  of  2,000  or  more  inhabitants,  in  order  to 
erect,  repair  or  equip  a  schoolbuilding  or  to  make  improve- 
ments in  the  school  facilities  of  any  school  district  under 
its  control  which  may  be  levying  a  special  district  tax 
for  school  purposes  is  hereby  authorized  to  issue  interest- 
bearing  warrants  at  a  rate  not  to  exceed  6  per  cent  per 
annum,  for  a  term  not  to  exceed  the  time  the  said  tax  has 
been  voted  in  said  district,  and  for  an  amount,  including 
interest,  not  to  exceed  the  income  from  said  tax  levy; 
provided,  that  said  interest-bearing  warrants  issued  in 
accordance  with  the  provisions  of  this  act  shall  be  a  pre- 
ferred claim  upon  the  proceeds  of  the  tax  levy  in  said 
county  or  in  said  school  district,  as  the  case  may  be. 

7.  That  when  any  election  is  to  be  held  in  any  county 
or  in  any  school  district,  under  the  provisions  of  this  act, 
the  court  of  county  commissioners  or  other  governing 
body,  shall  provide  the  necessary  number  of  ballots,  poll- 
ing-lists, tally-sheets,  ballot-boxes,  booths,  instructions  for 
holding  the  election,  and  all  other  necessary  and  proper 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  57 

stationery  for  holding  said  election ;  and  the  sheriff  shall 
see  that  the  same  are  delivered  to  the  managers  before 
the  day  of  the  election.  The  ballots  usd  in  said  election 
shall  have  printed  at  the  top  of  such  ballot  the  rate  of 
such  proposed  tax,  the  time  it  is  proposed  to  be  continued, 
and  that  it  is  to  be  used  for  public  school  purposes,  and 
directly  underneath  in  plain  type  shall  be  printed  on  dif- 
ferent lines  the  words,  "For  Proposed  Taxation," 
"Against  Proposed  Taxation,"  and  a  blank  must  be  left 
directly  to  the  left  of  each  line  thereof,  and  the  voters 
favoring  the  proposed  taxation  will  make  a  cross-mark 
directly  to  the  left  of  the  line  "For  Proposed  Taxation," 
and  the  voters  not  in  favor  of  the  proposed  taxation  will 
make  a  cross-mark  directly  to  the  left  of  the  line  "Against 
Proposed  Taxation,"  and  if  it  appears  as  the  result  of 
such  election  that  a  majority  of  those  voting  in  said  elec- 
tion have  voted  for  such  taxation,  the  court  of  county 
commissioners  or  other  governing  body,  shall  levy  said 
special  tax  and  cause  the  tax  assessor  to  assess  the  same 
on  the  taxable  property  in  said  county,  or  in  said  school 
district,  as  the  case  may  be,  which  shall  not  exceed  thirty 
(30)  cents  on  each  one  hundred  dollars  ($100)  worth 
of  taxable  property  in  said  county  or  in  said  school  dis- 
trict, as  the  case  may  be;  provided  that  any  special  tax 
levied  under  the  provisions  of  this  act  shall  not  be  for  a 
shorter  term  than  two  years. 

8.  That  whenever  such  a  levy  as  is  provided  for  in  this 
act  is  made,  it  shall  be  the  duty  of  the  tax  collector  within 
and  for  that  county  to  collect  such  a  tax  in  the  same  man- 
ner and  under  the  same  requirements  and  laws  as  the 
taxes  of  the  State  are  collected,  and  he  shall  keep  said 
amount  separate  and  apart  from  all  other  funds  and  keep 
a  clear  and  distinct  account  thereof  showing  what  amount 
is  paid  and  turn  the  same  over  to  the  county  treasurer  of 
public  school  funds,  whose  duty  it  shall  be  to  receipt  there- 
for and  pay  out  the  same  on  monthly  pay-rolls  with  the 
authority  and  approval  of  the  county  board  of  educa- 
tion, upon  uniform  blanks  prescribed  by  the  State  super- 
intendent of  education;  provided  that  the  funds  arising 
from  levying  the  special  tax  for  school  purposes  in  any 
school  district,  shall  be  used  for  the  exclusive  benefit  of 


58  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

the  public  schools  of  such  district;  and  in  the  case  of 
incorporated  cities  of  2,000  or  more  inhabitants,  shall  be 
paid  over  by  the  tax  collector  to  the  treasurer  of  said 
incorporated  city,  to  be  used  for  the  exclusive  benefit 
thereof  in  accordance  with  the  law ;  provided,  that  in  the 
event  an  incorporated  town  located  in  a  special  school 
tax  district  comprising  said  town  and  territory  contiguous 
thereto,  should  attain  a  population  of  2,000  as  evidenced 
by  an  official  census  taken  at  the  time  of  the  regular 
biennial  census  of  school  population,  then  the  government 
and  control  of  the  schools  of  said  town  and  contiguous 
territory  shall  pass  from  the  county  board  of  education 
to  the  board  of  education  of  said  city  or  town  for  the  un- 
expired period  of  any  special  school  tax  levy  for  such 
district  which  may  have  been  in  effect  at  the  time  said 
city  or  town  attained  a  population  of  2,000  or  more 
inhabitants,  and  the  funds  arising  from  such  school  tax 
levy  in  said  district  shall  be  paid  over  by  the  tax  collector 
to  the  treasurer  of  said  county  or  town  and  paid  out  by 
him  on  authority  of  the  city  board  of  education  for  the 
benefit  of  the  schools  of  the  entire  district  without  regard 
to  the  corporate  lines. 

9.  That  all  persons  who  are  at  the  time  of  such  election 
qualified  electors  in  the  county  where  such  election  is 
held,  or  in  such  school  district  where  such  election  is  held, 
under  the'  laws  and  Constitution  of  Alabama  then  in 
existence,  shall  be  qualified  electors  to  participate  therein. 

10.  That  all  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

11.  That  this  act  shall  take  effect  upon  its  passage  and 
approval  by  the  governor. 

Approved  February  13th,  1919. 


ARTICLE  19. 

ELECTION  FOR  SPECIAL  TAX  FOR  PUBLIC  SCHOOLS. 
ORIGINAL  CONSTITUTIONAL  ONE-MILL  TAX. 

1851.     Petition  for  call  for  election. — Upon  a  petition 
signed  by  two  hundred  or  more  qualified  electors  of  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  B» 

county  who  are  also  freeholders,  to  the  court  of  county 
commissioners,  or  court  of  like  jurisdiction  in  any  county 
within  the  State  of  Alabama,  the  said  court  shall  order 
an  election  to  determine  whether  or  not  a  special  tax 
shall  be  levied  for  the  support  of  the  public  schools  within 
said  county  as  hereinafter  provided;  but  only  one  such 
election  shall  be  held  in  any  two  years. 

1852.  Notice  and  publication. — There  shall  be  made 
publication  of  the  same  in  some  newspaper  within  the 
county,  which  publication  shall  show  the  rate  of  such 
proposed  tax,  the  time  it  is  proposed  to  be  continued,  and 
the  purpose  for  which  the  levy  is  proposed  to  be  made. 

1853.  Managers  and  officers  of  election  as  in  general 
election. — The  inspectors  and  officers  of  the  election  shall 
be  appointed  and  such  elections  shall  be  held  and  the  result 
of  said  elections  shall  be  declared  in  the  same  manner  and 
by  the  same  officers  as  is  the  result  of  the  regular  elections 
for  county  officers  under  the  general  laws  of  the  State. 

1854.  Qimlified  electors,  etc. — All  persons  who  are  at 
the  time  of  such  election  qualified  electors  in  the  county 
where  such  election  is  held  under  the  laws  and  Constitu- 
tion of  Alabama  then  in  existence,  shall  be  qualified  elec- 
tors to  participate  therein. 

1855.  Ballot;  form  and  manner  of  voting. — The  court 
of  county  commissioners,  or  court  of  like  jurisdiction, 
shall  provide  a  sufficient  number  of  ballots  for  each 
voting  precinct  within  said  county,  and  at  the  top  of  each 
ballot  shall  be  printed  the  rate  of  such  proposed  tax,  the 
time  it  is  to  be  continued,  and  that  the  purpose  is  for  the 
support  of  the  public  schools,  and  directly  underneath  in 
plain  type  shall  be  printed  on  different  lines  the  words, 
"For  proposed  taxation,"  "Against  proposed  taxation," 
and  a  place  must  be  left  directly  to  the  left  of  each  line 
thereof,  and  the  voters  favoring  the  proposed  taxation 
will  make  a  cross  mark  directly  to  the  left  of  the  line  "For 
proposed  taxation,"  and  the  voter  not  favoring  proposed 
taxation  will  make  a  cross  mark  directly  to  the  left  of 
the  line  "Against  proposed  taxation." 


60  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

1856.  Special  tax  levied  and  assessed. — If  three-fifths 
of  those  voting  at  said  election  have  voted  for  the  pro- 
posed taxation,  the  court  of  county  commissioners,  or 
court  of  like  jurisdiction,  shall  levy  said  special  tax,  and 
cause  the  tax  assessor  to  assess  the  same  on  the  taxable 
property  in  said  county,  which  shall  not  exceed  ten  cents 
on  each  one  hundred  dollars  of  taxable  property  in  said 
county ;  but  the  rate  of  such  special  tax  shall  not  increase 
the  rate  of  taxation.  State  and  county  combined,  in  any 
one  year,  to  more  than  one  dollar  and  twenty-five  cents 
on  each  one  hundred  dollars  of  taxable  property  in  said 
county,  but  all  special  county  taxes  for  public  buildings, 
roads,  bridges,  and  the  payment  of  debts  existing  at  the 
ratification  of  the  Constitution  of  1875  shall  not  be  in- 
cluded in  the  aforesaid  one  dollar  and  twenty-five  cents  on 
the  hundred  dollars  of  taxable  property. 

1857.  Time  tax  continues. — The  time  such  special  tax 
may  continue  shall  not  be  less  than  two  years. 

1858.  Tax;  how  collected  and  disbursed. — The  tax  col- 
lector shall  collect  such  special  tax  in  the  same  manner  and 
under  the  same  requirements  and  laws  as  taxes  of  the 
State  are  collected,  and  shall  keep  said  amount  separate 
and  apart  from  all  other  funds,  and  keep  a  clear  and  dis- 
tinct account  thereof,  showing  what  amount  is  paid  by 
the  negro  race  and  what  amount  is  paid  by  the  white  race, 
and  turn  the  same  over  to  the  county  superintendent  of 
education,  whose  duty  it  shall  be  to  receipt  therefor  and 
apportion  the  same  to  the  various  schools  throughout  the 
county  in  the  same  manner  as  the  general  school  funds 
from  the  State  are  apportioned  in  said  county ;  provided, 
that  the  school  terms  of  the  respective  schools  shall  be 
extended  by  such  supplement  as  nearly  the  same  length 
of  time  as  practicable. 

1859.  Election  held  at  time  for  general  election;  costs 
of  such  election. — The  election  hereinbefore  provided  for 
may  be  had  at  the  time  of  holding  any  regular  election 
within  the  county,  and  if  held  at  such  time  the  inspectors 
and  officers  of  the  general  election  shall  conduct  at  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  61 

same  time  the  election  herein  provided  for ;  and  for  such 
services  they  shall  receive  no  compensation  other  than 
that  allowed  them  for  the  holding  of  the  general  election ; 
but  if  such  an  election  is  had  at  any  other  time  than  that 
of  holding  a  regular  election  within  the  county,  then  the 
election  officers  shall  receive  the  same  pay  as  that  for 
holding  a  general  election. 

1860.  Compensation  of  tax  collector,  tax  assessor,  and 
county  superintendent  of  education. — The  tax  collector, 
tax  assessor,  and  county  superintendent  of  education  shall 
receive  for  the  services  required  of  them  under  the  provi- 
sions of  this  article  the  same  per  cent  of  the  funds  han- 
dled as  they  receive  for  like  services  as  to  general  taxes. 


No.  672.)  AN  ACT  (H.  1397. 

To  make  an  annual  appropriation  for  any  county  that 
may  be  levying  and  collecting  a  special  county  school  tax 
during  any  scholastic  year,  and  to  provide  for  the  expendi- 
ture of  the  fund  set  apart  for  any  county  by  the  county 
board  of  education. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  for  the  school  year  beginning  October  1,  1915, 
and  for  each  and  every  year  thereafter  there  is  hereby 
appropriated  out  of  any  funds  in  the  State  treasury  not 
otherwise  expended,  the  sum  of  one  thousand  ($1,000) 
dollars  to  each  and  every  county  in  the  State  that  may 
be  levying  and  collecting  for  such  school  year  a  one-mill 
special  county  school  tax. 

2.  That  for  the  school  year  beginning  October  1,  1917, 
and  for  each  and  every  year  thereafter,  there  is  hereby 
appropriated  out  of  any  funds  in  the  State  treasury  not 
otherwise  expended  the  sum  of  two  thousand  ($2,000) 
dollars  to  each  and  every  county  in  the  State  that  may  be 
levying  and  collecting  for  such  school  year  a  two-mill 
special  county  school  tax.  Provided  that  any  county  re- 
ceiving the  benefit  of  section  two  of  this  act  shall  not  be 
entitled  to  share  under  section  one  of  this  act. 


62  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

3.  That  for  the  school  year  beginning  October  1,  1917^ 
and  for  each  and  every  year  thereafter,  there  is  hereby 
appropriated  out  of  any  funds  in  the  State  treasury  not 
otherwise  expended,  the  sum  of  three  thousand  ($3,000) 
dollars  to  each  and  every  county  in  the  State  that  may  be 
levying  and  collecting  for  such  school  year  three-mill 
special  county  school  tax.  Provided  that  any  county  re-^ 
ceiving  the  benefit  of  section  three  of  this  act  shall  not  be 
entitled  to  share  under  sections  one  and  two  of  this  act. 

4.  That  at  the  beginning  of  the  school  year  October  1, 
1915,  and  each  and  every  school  year  thereafter,  the  State 
superintendent  of  education  shall  certify  to  the  State 
auditor  the  name  and  amount  to  be  placed  to  the  credit  of 
each  and  every  county  under  the  provisions  of  this  act, 
and  the  auditor  shall  upon  request  of  the  State  superin- 
tendent of  education,  draw  his  warrant  upon  the  State 
treasurer  in  favor  of  the  county  treasurer  of  school  funds- 
of  the  county  for  the  amount  so  certified  by  the  State 
superintendent  of  education  in  accordance  with  this  act. 

5.  That  the  funds  so  set  apart  for  any  county  shall  be 
expended  by  the  county  board  of  education  of  any  county 
entitled  to  receive  the  benefits  of  this  act,  as  in  the  opinion 
of  said  county  board  will  best  promote  the  cause  of  educa- 
tion in  said  county. 

6.  That  all  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  repealed.^ 

Approved  September  23,  1915. 


ARTICLE  17. 

SCHOOL  LANDS;  LEASE  AND  SALE 

1781.  (3625)  (1023)  (962)  (575)  (501)  What  are 
school  lands,  and  in  whom  vested. — School  lands,  within 
the  meaning  of  this  Code,  are  sections  numbered  sixteen, 
in  every  township  granted  by  the  United  States  for  the 
use  of  schools  in  the  township,  and  such  other  lands  as 
may  have  been  granted  to  any  township  or  district  for 
the  use  of  schools ;  and  all  school  lands  are  vested  in  the 
State  in  trust  to  execute  the  objects  of  the  grant. 

(Note. — This  article  makes  sales  of  sixteenth  section, 
and  indemnity  lands  uniform.) 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  63 

No.  195.)  AN  ACT  (H.  646. 

To  amend  section  1782  of  the  Code  of  Alabama,  1907 
(relates  to  sale  of  school  and  indemnity  lands). 

Be  it  enacted  by  the  Legislature  of  Alabama: 
1.  Amend  section  1782  of  the  Code  of  Alabama,  1907, 
so  as  to  read  as  follows :  1782  (3661)  Sale  of  school  and 
indemnity  lands  authorized. — The  superintendent  of  edu- 
cation is  authorized  and  empowered  to  sell  and  dispose 
of  all  school  lands  or  any  part  of  the  timber  thereon,  to- 
gether with  those  which  have  been  heretofore  or  may 
hereafter  be  certified  to  the  State  for  the  use  and  benefit 
of  the  several  townships  or  districts  in  which  was  a  defi- 
ciency in  the  amount  of  land  originally  certified  to  the 
State  for  their  benefit,  subject  to  the  approval  of  the 
governor. 
.  Approved  August  2,  1915. 

1782.  (3661)  Sale  of  school  and  indemnity  lands  au- 
thorized.— The  superintendent  of  education  is  authorized 
and  empowered  to  sell  and  dispose  of  all  school  lands,  to- 
gether with  those  which  have  been  heretofore  or  may 
hereafter  be  certified  to  the  State  for  the  use  and  benefit 
of  the  several  townships  or  districts  in  which  was  a  defi- 
ciency in  the  amount  of  land  originally  certified  to  the 
State  for  their  benefit,  subject  to  the  approval  of  the 
governor. 

1783.  Consent  of  inhabitants  of  township  or  district 
to  sale  of  land. — No  school  lands,  except  indemnity  lands, 
shall  be  sold  without  the  consent  of  the  inhabitants  of 
the  township  or  district  in  which  such  lands  are  located. 
Said  consent  to  be  obtained  and  shown  by  a  petition  in 
writing  addressed  to  the  superintendent  of  education 
requesting  and  consenting  to  the  sale  of  such  lands  signed 
hy  a  majority  of  the  legally  qualified  voters  of  the  town- 
ship or  district,  which  petition  must  be  verified  by  the 
affidavit  of  at  least  three  of  the  signers,  that  a  majority 
of  the  inhabitants  of  the  township  or  district  in  which 
the  lands  are  situated  desire  a  sale  thereof  and  that  the 


64  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

persons  making  and  signing  said  petition  constitute  a 
majority  of  the  qualified  electors  residing  in  said  town- 
ship or  district. 

1784.  (3646)  (1044)  (986)  (607)  (537)  Resale 
of  lands. — If  any  purchaser  fails  to  make  the  payment^ 
or  gives  his  notes  with  approved  securities,  and  secured 
by  a  mortgage  on  the  land,  as  required,  the  land  bid  off 
by  him  must  be  immediately  resold,  if  practicable,  but  if 
not  practicable  to  make  the  resale  at  once,  it  must  be  re- 
sold at  a  future  day,  as  if  no  sale  had  been  made ;  and  the 
first  purchaser  shall  be  responsible  for  the  difference  be- 
tween his  bid  and  the  amount  for  which  the  land  is- sub- 
sequently sold,  if  such  amount  is  less  than  the  bid  of  such 
first  purchaser. 

1785.  (3668)  Proceeds  of  sale;  how  disposed  of. — 
The  proceeds  arising  from  such  sales,  after  the  payment 
of  all  proper  costs  and  expenses  thereof,  shall  be,  by  the 
saperintendent  of  education,  paid  into  the  State  treasury 
to  the  credit  of  the  counties,  townships,  or  school  districts 
to  which  the  same  may  belong  in  the  proportion  of  their 
interests  therein,  so  as  to  carry  out  the  object  and  pur- 
poses of  the  original  grants,  gifts,  or  laws  by  which  such 
lands  were  acquired  for  school  purposes,  as  nearly  as 
practicable  under  the  existing  school  laws. 

1786.  (3663)  Notes  taken  by  superintendent  of  edu- 
cation held  until  paid;  when  placed  with  the  attorney 
general. — All  notes  taken  by  the  superintendent  of  edu- 
cation for  the  purchase  of  such  lands  must  be  secured 
by  mortgage  and  must  be  held  by  him  until  the  same  are 
due,  and  if  not  then  paid,  may  be  placed  with  the  attorney 
general  for  collection. 

1787.  (3664)  Manner  and  terms  of  sale. — Such  sales 
may  be  made  from  time  to  time,  at  public  or  private  sale, 
as  in  the  judgment  of  the  superintendent  of  education 
shall  best  promote  the  interests  of  the  school  fund 
of  the  State,  and  shall  be  for  cash,  or  part  cash  and  part 
on  time,  as  the  superintendent  of  education  and  the  gov- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  65 

ernor  may  deem  best;  but  in  no  case  shall  there  be  less 
than  one-fourth  of  the  purchase  money  paid  in  cash,  and 
the  remainder  shall  be  payable  in  yearly  installments  to 
extend  over  a  period  of  not  more  than  three  years,  and 
shall  be  secured  by  notes  with  sureties  and  by  mortgage 
on  the  land  to  be  approved  by  the  superintendent  of  edu- 
cation, and  shall  bear  interest  from  the  date  of  the  sale. 

1788.  (3626)  (1025)  (967)  (588)  (519)  Timber  lots 
reserved. — The  superintendent  of  education  may  select 
such  lots  as  he  thinks  proper,  to  reserve  from  cultivation 
for  the  benefit  of  the  timber  thereon,  and  must  mark  the 
same  "reserved"  on  the  plat  thereof. 

1789.  (3631)  (1030)  (972)  (593)  (524)  Timber 
lots;  how  used. — The  lots  reserved  for  timber  are  for  the 
common  benefit  of  the  lessees  of  the  other  lots;  but  no 
timber  must  be  cut  down,  injured,  or  destroyed,  as 
long  as  there  is  sufficient  on  the  other  lots,  which  the 
superintendent  of  education  is  to  determine ;  and  the  les- 
sees must  in  no  case  cut  down,  injure,  or  destroy  such 
timber  without  permission  from  the  superintendent  of 
education,  which  may  be  given  on  such  terms  as  he  may 
think  proper,  having  due  regard  to  the  interest  of  the 
township  or  district. 

1790.  (3632)  (1031)  (973)  (594)  (525)  Penalty 
for  injuries  to  timber. — Any  person  who,  without  author- 
ity cuts  down,  boxes,  injures,  or  destroys  any  tree  on 
school  lands  shall  forfeit  and  pay  for  every  such  tree 
ten  dollars,  to  be  recovered  before  any  court  having  juris- 
diction, in  the  corporate  name  of  the  township,  or  the 
school  district  in  which  such  lands  are  located. 

1791.  (3633)  (1032)  (974)  (595)  526)  Fines  paid 
into  treasury  for  school  fund. — All  fines  and  forfeitures 
under  the  preceding  section  shall  be  paid  into  the  State 
treasury,  and  added  to  the  principal  sum  of  the  school 
fund  of  the  township. 

1792.  (3647)  (1045)  (987)  (608)  (538)  Certifi- 
cate of  purchase. — The  superintendent  of  education,  on 

3SC 


66  PIBLIC  SCHOOL  LAWS  OF  ALABAMA 

receiving  from  the  purchaser  the  cash  payment,  and  his 
notes  and  mortgages  for  the  deferred  payments,  must 
give  to  him  a  certificate  of  purchase,  describing  the  lands 
purchased,  and  showing  the  number  of  acres  and  the 
amount  of  the  purchase  money. 

1793.  (3648)  (1046)  (988)  (609)  (539)  Effect  of 
certificate  of  purchase. — Such  certificate  conveys  to  the 
purchaser,  his  heirs,  or  assigns,  a  conditional  estate  in 
fee,  to  become  absolute  on  the  payment  of  the  purchase 
money  and  interest,  and  to  revert  to  the  State  for  the  uses 
originally  granted  in  the  following  cases : 

1.  When  all  the  notes  have  become  due,  and  the  makers 
have  left  the  State  or  died  insolvent. 

2.  When  a  recovery  on  such  notes  is  defeated  by  any 
defense  avoiding  the  contract  of  sale. 

3.  When  a  recovery  is  had  against  all  the  makers,  and 
execution  has  been  returned  "no  property"  by  the  proper 
officer  of  the  county  in  which  the  township  or  district 
lies;  or  when  judgment  is  had  and  execution  returned 
against  any  one  or  more  of  such  makers  "no  property," 
and  the  others  have  left  the  State,  or  died  insolvent. 

1794.  (3649)  (1047)  (989)  (610)  (540)  Revest- 
ing of  title;  clerk  to  certify  facts;  penalty  for  failure; 
costs. — No  proceeding  is  necessary  to  revest  the  title  in 
the  State  on  the  happening  of  the  events  specified  in  the 
preceding  section,  but  such  lands  may  be  recovered  in  the 
name  of  the  State,  for  the  use  of  the  township  or  district, 
against  any  person  in  possession  of  the  same,  upon  proof 
of  the  facts ;  and  it  is  the  duty  of  the  clerk  of  the  court 
in  which  the  suit  is  pending,  or  the  judgment  recovered, 
to  certify  the  facts  to  the  superintendent  of  education, 
on  the  happening  of  the  events  specified  in  the  second 
and  third  subdivisions  of  the  preceding  section,  and  fail- 
ing to  do  so  within  a  reasonable  time,  he  forfeits  the  sum 
of  one  hundred  dollars ;  one-half  to  the  person  suing  for 
the  same,  and  the  other  to  the  State  for  the  use  of  the 
township  or  district.  When  no  money  is  recovered  in 
suits  on  notes  for  purchase  money  of  school  lands,  no 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  67 

costs  must  be  taxed  against  the  township  or  district  for 
such  suits. 

1795.  (3651)  (1049)  (991)  (613)  (543)  Fines  to 
go  to  school  fund. — The  amount  received  by  the  State 
upon  recoveries  had  under  the  last  preceding  section  is  to 
be  added  to  the  principal  of  the  school  fund  of  the  town- 
ship or  district. 

1796.  (3652)  (1050)  (992)  (614)  (544)  Pat- 
ents. — A  patent  issues,  on  the  payment  of  the  purchase 
money,  to  the  purchaser,  his  heirs,  or  assigns,  and  when 
the  patent  is  to  the  heirs,  it  vests  a  title  in  all  persons  en- 
titled to  claim  in  that  capacity  under  the  provisions  of 
this  Code. 

1797.  (3653)  (1051)  (993,996)  (615,616)  Issue 
of  patent  by  secretary  of  State;  correction  of  mistake. — 
The  secretary  of  State  must  issue  patents,  upon  satisfac- 
tory evidence  furnished  him  of  full  payment  of  purchase 
money  to  any  person,  agent,  or  other  officer  legally  au- 
thorized to  receive  such  payment;  and  upon  proof  of  a 
mistake  in  the  issue  of  any  patent,  he  must  correct  the 
same  or  issue  a  new  patent  on  the  return  of  the  original 
to  his  office. 

1798.  (3654)  (1052)  (995)  (617)  (545)  Issue 
of  patents  in  other  cases. — Except  under  the  provisions 
of  the  preceding  section,  no  patent  must  issue  without 
the  certificate  of  the  superintendent  of  education  that 
the  whole  amount  of  the  purchase  money  specified  in  the 
certificate,  with  all  interest  thereon,  has  been  paid. 

1799.  (3655)  (1053)  (998)  Collection  of  past  due 
notes. — All  notes  for  school  lands  held  by  or  deposited 
with  the  superintendent  of  education,  if  not  paid  within 
six  months  after  maturity,  must  be  placed  with  the  attor- 
ney general  for  collection ;  but  this  section  shall  not  be  so 
construed  as  to  prevent  the  superintendent  of  education 
from  ordering  suit  on  notes  at  any  time  after  maturity, 
when  so  ordered  by  the  sureties  on  the  notes. 


68  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

1800.  (3656)  (1054)  (999)  Appointment  of  agents 
for  collection  of  notes. — The  superintendent  of  education 
may  appoint  agents  for  surveying,  mapping,  or  platting 
school  lands  and  for  the  collection  of  notes  for  purchase 
money  of  land,  being  responsible  for  any  neglect  on  the 
part  of  such  agents. 

1801.  (3657)  (1055)  (1000)  Township  credited 
with  collection  on  notes. — All  collections  on  notes  given 
for  the  sale  or  lease  of  school  lands  must  be  paid  into  the 
treasury  of  the  State,  to  the  credit  of  the  proper  township 
or  district. 

1802.  (3658)  Proceeds  of  school  lands  covered  into 
treasury;  faith  and  credit  of  State  pledged  for  payment 
of  interest. — All  funds  now  in  the  State  treasury  derived 
from  the  sale  of  sixteenth  section  or  other  school  lands,  or 
which  may  hereafter  accrue  from  sale  of  such  lands,  to- 
gether with  the  redemption  money  of  other  lands  in  which 
former  accumulations  have  been  invested  under  an  act 
approved  March  1,  1881,  entitled  "An  act  to  authorize  the 
compromise  and  settlement  of  claims  for  school  lands  in 
this  State,"  are  covered  into  the  State  treasury  and  made 
available  for  general  purposes;  and  the  faith  and  credit 
of  the  State  is  pledged  for  the  payment  of  the  interest  on 
such  fund  to  the  public  schools  of  the  State,  at  the  rate  of 
six  per  cent  per  annum. 

1803.  (3665)  Lease  of  school  and  indemnity  lands. — 
The  superintendent  of  education  may,  with  the  approval 
of  the  governor,  lease  out  all  or  any  of  the  school  and 
indemnity  lands  for  a  term  not  exceeding  five  (5)  years, 
or  may  enter  into  a  contract  or  contracts  permitting  per- 
sons to  mine  all  coal  or  other  minerals  therefrom,  or  to 
take  therefrom  oil  or  gas  or  either,  upon  a  royalty  for  a 
term  not  exceeding  twenty  (20)  years;  and  the  net  pro- 
ceeds of  all  money  received  from  the  lease  of  such  lands 
or  the  royalty  for  the  mineral  mined  therefrom  or  the  oil 
and  gas  or  either,  taken  therefrom  shall  be  paid  into  the 
State  treasury  monthly  to  the  credit  of  the  townships  to 
which  such  lands  belong  in  the  proportion  of  their  interest 
therein. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  69 

1804.  Compromise;  hoard  of,  as  to  school  lands.— ^ 
The  governor,  superintendent  of  education,  and  attorney 
general  are  constituted  a  board  of  compromise  for  the 
purpose  of  examining  into  the  title  or  claim  of  the  State 
to  any  sixteenth  section  or  other  school  lands  which  have 
illegally  passed  out  of  the  possession  of  the  State,  or 
which  have  heretofore  been  disposed  of  by  the  State  and 
not  paid  for.  The  board  may  take  all  action  necessary 
to  recover  any  such  lands,  or,  if  deemed  best,  may  settle 
and  compromise  any  conflicting  claims  thereto  between 
the  State  and  persons  claiming  the  land.  When  any 
compromise  or  settlement  is  made  the  secretary  of  State 
shall,  upon  the  order  of  the  board  of  compromise,  issue 
patents  to  the  land  the  claims  to  which  have  been  so  com- 
promised. 


No.  485.)  AN  ACT  (H.  217. 

To  authorize  the  sale  and  conveyance  of  certain  lands 
which  have  been  conveyed  to  the  State  for  school  pur- 
poses. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  whenever  the  county  board  of  education  of 
any  county  shall  certify  to  the  superintendent  of  educa- 
tion of  the  State  that  it  is  to  the  benefit  of  the  public 
school  interests  of  such  county  or  a  public  school  district 
thereof  for  any  lands  situated  in  such  county  or  district 
which  have  been  conveyed  to  the  State  of  Alabama  for 
school  purposes  under  the  provisions  of  article  20  or  31 
of  chapter  41  of  the  Code  of  Alabama  to  be  sold,  particu- 
larly describing  the  same,  the  superintendent  of  education, 
upon  the  receipt  of  such  certificate,  shall  be  and  he  is 
hereby  authorized  and  empowered,  with  the  approval  of 
the  governor,  to  sell  and  convey  such  land,  either  at 
public  or  private  sale,  and  upon  such  consideration  as  may 
to  him  appear  just  and  proper  in  the  premises,  and  to 
execute  a  deed  to  the  purchaser  of  the  same  in  the  name  of 
the  State  of  Alabama,  and  upon  the  delivery  of  such  deed, 
the  same  shall  divest  all  the  right,  title  and  interest  of  the 


to  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

State  of  Alabama  in  said  land  and  invest  it  in  such  pur- 
chaser. 

Sec.  2.  That  the  proceeds  of  any  sale  of  lands  made 
under  this  act  shall  be  by  the  superintendent  of  educa- 
tion paid  to  the  county  board  of  education  of  the  county 
where  such  land  is  situated,  or  to  the  chief  executive 
officer  of  said  board.  That  said  proceeds  shall  constitute 
a  part  of  the  public  school  fund  of  such  county ;  provided, 
however,  if  said  land  was  conveyed  to  the  State  under 
article  31  of  chapter  41  of  the  Code  of  Alabama,  then  such 
proceeds  shall  be  used  by  said  county  board  of  education 
for  the  exclusive  use  of  the  public  school  district  in  which 
said  land  is  located. 

Approved  April  18,  1911. 


NORMAL  SCHOOLS. 

Alabama  has  nine  normal  schools,  six  for  the  white 
race  and  three  for  the  colored  race. 

Four  of  the  normal  schools  for  the  white  race  receive 
annually  an  appropriation  of  $20,000  each  from  the  State 
and  these  schools  are  located  at  Florence,  Troy,  Jackson- 
ville and  Livingston.  Two  of  the  normal  schools  for  the 
white  race  receive  annually  an  appropriation  of  $5,000 
each  from  the  State  and  these  schools  are  located  at 
Daphne  and  Moundville.  All  of  the  white  normal  schools 
are  controlled  and  governed  by  an  act  approved  April 
18,  1911.  This  act  creates  a  State  board  of  eight  mem- 
bers, consisting  of  the  governor,  the  superintendent  of 
education,  and  six  members  appointed  by  the  governor. 

The  three  schools  for  the  colored  race  are  located  at 
Tuskegee,  Normal  (near  Hunts ville),  and  Montgomery. 
The  school  at  Tuskegee  receives  an  annual  appropriation 
of  $4,500  from  the  State,  the  one  at  Normal  an  annual 
appropriation  of  $4,000  from  the  State,  and  the  one  at 
Montgomery  an  annual  appropriation  of  $16,000  from 
the  State. 

.   Some  of  the  Normal  schools  receive  revenue  from  other 
sources,  such  as  the  Peabody  Fund,  Slater  Fund,  Morrill 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  71 

Fund,  etc.,  and  all  of  the  schools  receive  some  revenue 
from  matriculation  fees,  incidental  fees,  etc. 

The  three  normal  schools  for  the  colored  race  are  gov- 
erned and  controlled  by  special  acts  of  the  Legislature. 

The  act  governing  the  Tuskegee  Normal  and  Industrial 
Institute  was  approved  February,  1893,  and  the  act  gov- 
erning the  Montgomery  Normal  School  was  approved 
February  23,  1889.  The  acts  governing  the  Huntsville 
State  Colored  Normal  and  Industrial  Institute  were  ap- 
proved December  9,  1873,  and  February  17,  1885.  Sec- 
tions 1258,  1259  and  1260  of  the  Code  of  1876  also  relate 
to  this  school,  and  an  act  approved  February  13,  1891, 
relating  to  the  division  of  the  Morrill  Fund  gives  the 
Huntsville  Normal  School  that  part  of  the  Morrill  Fund 
belonging  to  the  colored  race. 


No.  483.)  AN  ACT  (H.  724. 

To  create  a  board  of  trustees  for  the  government  and 
control  of  the  sevei'al  State  normal  schools  for  whites, 
and  for  the  making  and  enforcing  of  a  course  of  study 
for  the  said  State  normal  schools  and  for  the  rural  schools 
of  the  State,  and  for  the  repealing  of  any  general  and 
special  laws  and  provisions  of  any  chapter  or  charters 
in  conflict  with  the  provisions  of  this  act. 

Section  1.  Beit  enacted  by  the  Legislature  of  Alabama, 
That  a  board  of  eight  members  consisting  of  the  gover- 
nor, the  superintendent  of  education  and  six  members 
appointed  by  the  governor  be  and  the  same  are  hereby 
created  a  board  of  trustees  for  the  government,  regula- 
tion and  control  of  the  several  white  normal  schools  of  the 
State. 

Sec.  2.  The  six  appointive  members  appointed  respec- 
tively for  one  year,  two  years,  three  years,  four  years,  five 
years,  and  six  years,  with  the  superintendent  of  educa- 
tion and  the  governor,  who  shall  be  ex-officio  chairman 
of  the  board,  shall  constitute  the  board  of  trustees  for 
the  government,  control  and  regulation  of  the  several 


72  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

white  normal  schools  of  the  State.  At  the  expiration  of 
the  term  for  which  each  trustee  shall  have  been  appointed, 
after  the  passage  of  this  act,  a  trustee  shall  be  appointed 
for  a  period  of  six  years. 

Sec.  3.  It  shall  be  the  duty  of  the  board  to  visit  each  ' 
school  under  its  supervision  at  least  once  during  each 
scholastic  year  for  the  purpose  of  making  such  inspection 
of  its  work  and  gathering  such  information  as  will  enable 
said  board  to  perform  its  duties  intelligently  and  effec- 
tively. 

Sec.  4.  It  shall  be  the  duty  of  this  board  of  trustees 
to  require,  as  far  as  possible,  the  same  course  of  study, 
the  same  educational  standards  and  ideals  for  the  said 
normal  schools  of  the  State ;  and  to  secure  this  end,  the 
board  of  trustees  may  require,  at  the  hands  of  a  committee 
composed  of  presidents  of  the  said  normal  schools,  the 
preparation  and  submission  of  a  proposed  course  of  study, 
which  may  be  adopted  in  whole  or  in  part  by  the  board 
of  trustees,  and  when  so  adopted,  the  said  course  of  study 
shall  be  maintained  in  those  normal  schools  to  which, 
under  the  direction  of  the  board  of  trustees,  the  said 
course  of  study  may  apply. 

Seic.  5.  The  said  board  of  trustees  shall  have  the 
power  and  it  is  made  their  duty  to  elect  all  presidents, 
or  other  officials,  professors  and  other  teachers  employed 
in  any  of  the  normal  schools  and  to  fix  their  salaries.  It 
is  made  the  duty  of  the  president  of  each  school  to  nomi- 
nate annually  to  the  board  of  trustees  such  professors, 
teachers,  officials  and  assistants  as  in  his  opinion  will 
promote  the  best  interests  of  the  institution. 

Sec.  6.  The  board  of  trustees  shall  have  the  power  to 
make  such  rules  and  regulations  for  the  government  of 
its  own  actions  and  for  the  regulation  and  control  of  the 
several  normal  schools  of  the  State,  as  may  be  necessary 
for  the  enforcement  of  the  provisions  of  this  act. 

Sec.  7.  It  is  made  the  duty  of  the  six  appointive  mem- 
bers of  this  board  to  make  an  official  report  to  each  Legis- 
lature of  Alabama.  This  report  shall  set  forth  briefly 
the  condition,  the  progress  and  the  needs  of  each  of  these 
schools  and  the  report  shall  contain  such  other  informa- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  73 

tion  and  shall  make  such  recommendations  as  the  board 
may  deem  right  and  proper. 

Sec.  8.  It  is  hereby  made  the  duty  of  the  board  of 
trustees  of  the  State  normal  schools  to  meet  at  the  call 
of  the  chairman  or  at  the  call  of  the  State  superintendent 
of  education,  who  shall  be  the  secretary  of  the  board,  and 
at  such  other  times  as  may  be  indicated  by  request  of  the 
majority  of  the  appointive  members  of  the  board. 

Sec.  9.  The  members  of  the  board  of  trustees  shall 
serve  without  pay,  except  that  they  shall  be  reimbursed 
from  the  funds  of  the  State  normal  schools  for  their 
actual  expenses  incurred  in  attending  meetings  of  the 
board. 

Sec.  10.  It  is  made  the  duty  of  the  board  of  trustees 
to  extend,  as  far  as  possible,  the  usefulness  of  the  State 
normal  schools,  by  providing  for  summer  training  courses 
for  teachers,  thus  recognizing  the  importance  of  keeping 
these  schools  open  at  all  times,  for  the  training  and  im- 
provement of  the  public  school  teachers  of  Alabama. 

Sec.  11.  All  laws  and  parts  of  laws,  whether  general, 
special  or  charter,  in  conflict  with  the  provisions  of  this 
act  be  and  the  same  are  hereby  repealed. 

Approved  April  18,  1911. 


AGRICULTURAL  SCHOOLS. 

Alabama  has  nine  agricultural  schools  located  in  the 
various  congressional  districts  of  the  State.  These 
schools  each  receive  for  maintenance  an  annual  appropria- 
tion of  $4,500.  Not  less  than  seven  hundred  fifty  dollars 
must  be  used  by  each  school  in  making  agricultural  experi- 
ments. In  addition  to  the  above,  the  schools  also  receive 
some  revenue  from  matriculation  and  incidental  fees. 

The  First  District  Agricultural  School  is  located  at 
Jacksonville,  the  Second  at  Evergreen,  the  Third  at  Abbe- 
ville, the  Fourth  at  Sylacauga,  the  Fifth  at  Wetumpka, 
the  Sixth  at  Hamilton,  the  Seventh  at  Albertville,  the 
Eighth  at  Athens,  and  the  Ninth  at  Blountsville. 


74  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

The  agricultural  schools  are  governed  by  sections  59-60 
of  the  Code  of  1907  as  amended  April  22,  1911,  and  also 
by  rules  and  regulations  made  by  the  executive  committee 
of  these  schools.  The  governor,  the  superintendent  of 
education,  and  the  commissioner  of  agriculture  compose 
the  executive  committee.  Each  school  is  governed  by  a 
board  of  control  composed  of  the  executive  committee 
named  above  and  tv^o  members  appointed  by  the  governor 
from  the  congressional  district  in  which  the  school  is 
located. 


TEXT-BOOK  COMMISSION;  MEMBERS,  APPOINTMENT  OF. 

1805.  Text-hook  commission;  how  constituted. — On 
or  before  March  1st,  1908,  the  governor  shall  select  and 
appoint  nine  educators  of  known  character  and  ability, 
men  well  acquainted  with  arranging  courses  of  study 
and  engaged  in  public  school  work,  one  from  each  con- 
gressional district,  who,  together  with  himself  and  the 
State  superintendent  of  education,  shall  constitute  the 
text-book  commission  of  Alabama. 

1806.  Oath  of  commissioners. — Before  transacting 
any  business  pertaining  to  the  duties  of  this  commission 
they  shall  each  take  an  oath  before  some  person  author- 
ized to  administer  oaths  to  faithfully  discharge  all  the 
duties  imposed  upon  them  as  members  of  said  text-book 
commission  and  that  they  have  no  interest,  directly  or 
indirectly,  in  any  contract  that  may  be  made  under  this 
article,  and  receive  no  personal  benefit  therefrom. 

1807.  Commission;  organization  of. — The  text-book 
commission  shall  immediately  after  their  appointment 
meet  and  organize,  the  governor  being  president  of  the 
commission  and  the  superintendent  of  education  secretary 
of  said  commission. 

1808.  Duties  of  commission. — It  shall  be  the  duty  of 
said  commission  to  select  and  adopt  a  uniform  series  of 
text-books  for  use  in  the  public  schools  of  the  State  for 
a  period  of  five  years. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  75 

1809.  Unlawful  to  use  other  books  than  those  selected. 
— It  shall  be  unlawful  for  any  school  official,  director  or 
teacher  to  use  any  books  upon  the  same  branches  other 
than  those  adopted  by  said  State  text-book  commission. 

1810.  Branches  of  study  for  which  books  selected. — 
Said  uniform  series  shall  include  the  following  branches 
of  study,  to-wit:  Orthography,  reading,  writing,  arith- 
metic, geography,  grammar,  language  lessons,  history  of 
Alabama  containing  the  Constitution  of  the  State,  history 
of  the  United  States,  elementary  physiology  and  hygiene, 
elementary  principales  of  agriculture,  and  such  other 
branches  of  study  as  properly  belong  to  a  common  school 
course. 

1811.  Partisan  or  sectarian  books  forbidden. — None 
of  said  text-books  shall  contain  anything  of  a  partisan  or 
sectarian  character. 

1812.  Books  selected  may  be  dropped. — The  text-book 
commission  shall  have  the  power  by  three-fourths  vote  to 
drop  an  unsatisfactory  book  at  the  end  of  any  school 
year  during  the  continuance  of  the  contract  and  to  make 
another  adoption. 

1813.  Qualities  and  merits  of  books  to  control  in  selec- 
tion.— The  text-book  commission  shall  consider  the  merits 
of  each  book,  taking  into  consideration  their  subject- 
matter,  the  printing,  binding,  material,  and  mechanical 
qualities,  and  their  general  suitability  and  desirability  for 
the  purpose  intended,  as  well  as  the  price  of  said  books, 
but  no  text-book  the  subject-matter  of  which  is  of  inferior 
quality  shall  be  adopted  by  the  text-book  commission; 
Said  commission  shall  select  and  adopt  such  books  as  will, 
in  their  best  judgment,  accomplish  the  ends  desired. 

1814.  Desirable  books;  when  price  too  high. — In  case 
any  book  or  books  are  deemed  suitable  for  adoption  and 
more  desirable  than  other  books  of  the  same  class  sub- 
mitted, and  they  further  consider  the  price  at  which 
the  books  are  offered  to  be  unreasonably  high,  and  that 


76  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

they  should  be  offered  at  a  smaller  price,  the  commis- 
sion shall  immediately  notify  the  publisher  or  author  of 
such  book  or  books  of  their  decision,  and  request  such 
reduction  in  price  as  they  deem  reasonable  and  just,  and 
if  they  and  such  publishers  shall  agree  on  a  price  they 
may  adopt  his  book  or  books,  but  if  not,  they  shall  use 
their  own  sound  judgment  and  discretion  whether  they 
will  adopt  that  or  the  books  which  are  deemed  by  them 
next  best  in  the  list  published. 

1815.  Advertisement  for  bids. — As  soon  as  practi- 
cable, not  later  than  thirty  days  after  its  organization, 
the  commission  shall  advertise  in  such  manner  and  for 
such  length  of  time  and  at  such  places  as  may  be  deemed 
advisable,  that  at  a  time  and  placed  fixed  definitely  in  said 
advertisement,  sealed  bids  or  proposals  will  be  received 
from  the  publishers  of  school  text-books  for  furnishing 
books  to  the  public  schools  in  the  State  of  Alabama, 
through  such  agencies  in  the  several  counties,  and  places 
in  the  several  counties  in  the  State,  as  may  be  provided 
for  in  such  regulations  as  said  commission  may  adopt 
and  prescribe. 

1816.  Bids;  specifications,  requisites,  and  contents  of. 
— The  bids  or  proposals  shall  be  for  furnishing  the  books 
for  a  period  of  five  years  and  no  longer,  and  that  no  bid 
for  a  longer  period  will  be  considered.  Said  bids  shall 
state  specifically  and  definitely  the  price  at  which  the 
books  will  be  furnished,  and  shall  be  accompanied  by  one 
or  more  specimen  copies  of  each  and  every  book  proposed 
to  be  furnished. 

1817.  Deposits  as  security  for  perfo7'mance  of  bid. — 
It  shall  be  required  of  each  bidder  to  deposit  with  the 
treasurer  of  the  State  a  sum  of  money  such  as  the  com- 
mission may  require,  not  less  than  five  hundred  dollars 
nor  more  than  twenty-five  hundred  dollars,  according  to 
the  number  of  books  each  bidder  may  propose  to  supply, 
and  notice  shall  further  be  given  in  such  advertisement 
that  such  deposits  shall  be  forfeited  absolutely  to  the  State 
if  the  bidder  making  the  deposit  shall  fail  or  refuse  to 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  77 

make  and  execute  such  contract  and  bond  as  is  herein- 
after required,  within  such  time  as  the  commission  may 
require,  which  time  shall  also  be  stated  in  the  advertise- 
ment. 

1818.  Bids  sealed  and  deposited. — All  bids  shall  be 
sealed  and  deposited  with  the  secretary  of  State,  to  be 
by  him  delivered  to  the  commission  when  they  are  in 
executive  session,  for  the  purpose  of  considering  the  same 
when  they  shall  be  opened  in  the  presence  of  the  com- 
mission. 

1819.  Bids  opened,  examined,  and  contract  awarded. 
— The  text-book  commission  shall  meet  at  the  time  and 
place  designated  in  such  notice  or  advertisement,  and 
take  out  the  sample  or  specimen  copies  submitted  upon 
which  the  bids  are  based.  When  the  members  have  ex- 
amined all  books  submitted  until  thoroughly  satisfied,  it 
shall  be  the  duty  of  said  text-book  commission  to  meet  in 
executive  session  to  open  and  examine  all  sealed  proposals 
submitted  and  received  in  pursuance  of  the  notice  or 
advertisement  provided  for  in  section  1815  of  this  Code. 
The  commission  shall  then  examine  and  carefully  con- 
sider such  bids  or  proposals  and  determine  in  the  manner 
provided  in  the  preceding  section  of  this  article  what 
book  or  books  shall  be  selected  for  adoption,  taking  into 
consideration  the  size,  quality  as  to  subject-matter,  ma- 
terial, printing,  binding,  and  the  mechanical  execution 
and  price,  and  the  general  suitability  for  the  purpose 
desired  and  intended ;  all  books  selected  and  adopted  shall 
be  written  or  printed  in  English. 

1820.  Notification  to  publishers  of  contracts  awarded. 
— After  their  selection  for  adoption  shall  have  been  made, 
the  said  commission  shall  by  registered  letter  notify  the 
publishers  or  proposers  to  whom  contracts  have  been 
awarded. 

1821.  Contract;  preparation,  execution,  and  filing  of. 
— The  attorney  general  of  the  State  shall  prepare  the  said 
contract  or  contracts  in  accordance  with  the  terms  and 
provisions  of  this  article,  and  the  said  contract  shall  be 


78  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

executed  by  the  governor  and  secretary  of  State  with  the 
seal  of  the  State  attached  upon  the  part  of  the  State  of 
Alabama,  and  the  said  contract  shall  be  executed  in  trip- 
licate, one  copy  to  be  kept  by  the  contractor,  one  copy  by 
the  secretary  of  the  text-book  commission  and  copied  in 
full  in  the  minutes  of  said  commission  and  one  copy  to  be 
filed  in  the  office  of  the  Secretary  of  State. 

1822.  Bond  of  contractor;  preparation,  execution, 
and  conditions  of. — At  the  time  of  the  execution  of  the 
contract  aforesaid  the  contractors  shall  enter  into  a  bond 
in  the  sum  of  not  less  than  ten  thousand  dollars  nor  more 
than  thirty  thousand  dollars,  payable  to  the  State  of 
Alabama,  the  amount  of  said  bond  within  said  limits  to 
be  fixed  by  said  commission  conditioned  for  the  faithful, 
honest,  and  exact  performance  of  the  contract,  and  shall 
further  provide  for  the  payment  of  reasonable  attorney's 
fees  in  case  of  recovery  in  any  suit  upon  the  same,  with 
three  or  more  good,  solvent  sureties,  actual  citizens  and 
residents  of  the  State  of  Alabama,  or  any  guaranty  com- 
pany authorized  to  do  business  in  the  State  of  Alabama 
may  become  surety  on  said  bond.  The  attorney  general 
shall  prepare  said  bond  and  approve  t*he  same.  The  said 
bond  shall  not  be  exhausted  by  a  single  recovery,  but  may 
be  sued  on  from  time  to  time  until  the  full  amount  shall 
be  recovered ;  and  the  said  commission  may  at  any  time, 
by  giving  thirty  days'  notice,  require  additional  security 
or  additional  bond,  within  the  limits  prescribed. 

1823.  Deposits  retwmed  after  execution  of  bond. — 
When  any  person,  firm,  or  corporation  shall  have  been 
awarded  a  contract  and  submitted  therewith  the  bond 
as  required  in  this  article,  the  commission  through  its 
secretary  shall  so  inform  the  treasurer  of  the  State,  and 
the  treasurer  shall  return  such  contractor  the  cash  de- 
posit made  by  him,  and  the  commission  through  its  sec- 
retary shall  inform  the  treasurer  of  the  names  of  the 
unsuccessful  bidders  or  proposers,  and  the  treasurer  shall, 
upon  receipt  of  this  notice,  return  to  them  the  amount 
deposited  in  cash  by  them  at  the  time  of  the  submission 
of  their  bid. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  79 

1824.  Failure  to  execute  contract  or  bond;  conse- 
quence of. — Should  any  person,  firm,  company,  or  cor- 
poration fail  or  refuse  to  execute  the  contract  and  sub- 
mit therewith  his  bond  as  required  by  this  article  within 
thirty  days  of  the  awarding  of  the  contract  to  him  and 
(provided  the  mailing  of  the  registered  letter  shall  be 
sufficient  evidence  that  the  notice  was  given  and  receiv- 
ed), the  cash  deposit  will  be  deemed  forfeited  to  the 
State  of  Alabama,  and  the  treasurer  shall  place  such 
cash  deposit  in  the  treasury  of  the  State  to  the  credit  of 
the  general  school  fund. 

1825.  Recovery  on  bond  for  benefit  of  fund. — Any  re- 
covery had  on  any  bond  given  by  any  contractor  shall 
inure  to  the  benefit  of  the  said  fund  of  the  State,  and 
when  collected  shall  be  placed  in  the  treasury  to  the 
credit  of  the  said  fund  and  be  prorated  among  the  sev- 
eral counties  of  the  State. 

1826.  Books  furnished  must  be  equal  to  specimens. — 
The  books  furnished  under  any  contract  shall  at  all  times 
during  the  existence  of  the  contract  be  equal  to,  in  all 
respects,  the  specimens  or  sample  copies  furnished  with 
bids. 

1827.  Secretary  of  State  preserves  sample  copies  and 
furnishes  to  superintendent. — The  secretary  of  State  shall 
carefully  preserve  in  his  office  as  the  standard  of  quality 
and  excellence  to  be  maintained  in  such  books  during  the 
continuance  of  such  contracts  the  specimens  or  sample 
copies  of  all  books  which  have  been  made  the  basis  of  any 
contract,  together  with  the  original  bid  or  proposal,  and 
the  contractor  shall  also  furnish  each  county  superin- 
tendent of  education  like  specimen  or  sample  copies, 
which  shall  be  preserved  by  him  in  like  manner,  and  the 
same  shall  always  be  open  to  the  inspection  of  the  public. 

1828.  Contract  and  exchange  price  printed  on  back 
of  books. — All  contractors  shall  print  on  the  back  of  each 
book  the  contract  price,  as  well  as  the  exchange  price  at 
which  it  is  agreed  to  be  furnished,  but  the  books  sub- 
mitted as  specimen  or  sample  copies  with  the  original 


80  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

bids  shall  not  have  the  price  printed  on  them  before  they 
are  submitted  to  the  commission. 

1829.  Price  of  books  for  this  State  shall  not  exceed 
that  of  others. — The  text-book  commission  shall  not  in 

,  any  case  contract  with  any  person  or  publisher  for  the 
use  of  any  books  which  are  to  be  sold  to  patrons  or  used 
in  any  public  school  in  this  State  at  a  price  above  or  in 
excess  of  the  price  at  which  such  book  or  books  are  fur- 
nished by  said  person  or  publisher  under  contract  to  any 
State,  county,  or  school  district  in  the  United  States  under 
like  conditions  prevailing  in  this  State  and  under  this 
article.  It  shall  be  stipulated  in  each  contract  that  the 
contractor  has  never  furnished  and  is  not  now  furnishing 
under  any  contract  any  State,  county,  or  school  district 
in  the  United  States  where  like  conditions  prevail  as  are 
prevailing  in  this  State  under  this  article,  the  same 
book  or  books  as  are  embraced  in  said  contract  at  a 
price  below  or  less  than  the  price  stipulated  in  the 
said  contract,  and  the  said  commission  at  any  time  they 
may  find  that  any  book  has  been  furnished  at  a  lower 
price  under  contract  to  any  State,  county  or  school  dis- 
trict aforesaid,  shall  sue  upon  the  bond  of  said  contractor 
and  recover  the  difference  between  the  contract  price  and 
the  lower  price  at  which  they  find  the  book  or  books  have 
been  sold,  and  in  case  a  contractor  shall  fail  to  execute, 
specifically,  the  terms  and  provisions  of  his  contract,  said 
commission  shall  bring  suit  upon  the  bond  of  such  con- 
tractor for  the  recovery  of  damages,  the  suit  to  be  in  the 
name  of  the  State  of  Alabama,  and  the  recovery  for  the 
benefit  of  the  public  school  fund. 

1830.  Changing  or  altering  contract. — The  commis- 
sion and  any  contractor  agreeing  thereto  may  in  any 
manner  change  or  alter  any  contract,  provided  a  majority 
of  the  commission  shall  agree  to  the  change  and  think  it 
advisable  and  for  the  best  interest  of  the  public  schools 
of  the  State. 

1831.  Majority  controls. — In  all  matters  unless  other- 
wise provided  a  majority  of  said  commission  shall  con- 
trol. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  81 

1832.  State  not  liable  to  any  contractor. — It  shall  al- 
ways be  a  part  of  the  terms  and  conditions  of  every  con- 
tract made  in  pursuance  of  this  article,  that  the  State  of 
Alabama  shall  not  be  liable  to  any  contractor  in  any  man- 
ner, in  any  sum  whatsoever,  but  all  such  contractors  shall 
receive  the  pay  or  consideration  in  compensation  solely 
and  exclusively  derived  from  the  proceeds  of  the  sale  of 
books,  as  provided  for  in  this  article. 

1833.  Old  books  exchanged  for  new. — The  commission 
shall  stipulate  in  the  contract  for  the  supplying  of  any 
book  as  provided  in  this  article  that  the  contractor  or 
contractors  shall  take  up  the  school  books  now  in  use  in 
this  State,  and  receive  the  same  in  exchange  for  new 
books  at  a  price  not  less  than  fifty  per  cent  of  the  contract 
price.  Such  exchange  period  shall  not  continue  longer 
than  one  year  from  the  date  of  contract.  Each  person  or 
publisher  making  a  bid  for  the  supplying  of  any  book  or 
books  under  this  article  shall  state  in  such  bid  or  pro- 
posal the  exchange  price  at  which  such  book  or  books 
will  be  furnished. 

1834.  Rejecting  bids  or  proposals. — The  text-book 
commission  shall  have  and  reserve  the  right  to  reject  any 
and  all  bids  or  proposals  if  they  shall  be  of  opinion  that 
any  or  all  should  for  any  reason  be  rejected. 

1835.  Re-advertisement  for  bids. — In  case  the  commis- 
sion fails  from  among  the  bids  or  proposals  to  select  or 
adopt  any  book  or  books  upon  any  of  the  branches  men- 
tioned in  previous  sections  of  this  article,  they  may  re- 
advertise  for  sealed  bids  or  proposals  under  the  same 
terms  and  conditions  as  before,  and  proceed  in  their 
investigations  in  all  respects  as  they  did  in  the  first  in- 
stance, and  as  required  by  the  terms  and  provisions  of 
this  article. 

1836.  Bids  for  copyright  and  manuscripts. — The  com- 
mission may  advertise  for  sealed  bids  or  proposals  from 
authors  or  publishers  of  text-books  who  have  manuscripts 
of  books  not  yet  published,  for  prices  at  which  they  will 


82  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

publish  and  furnish  in  such  book  form  such  manuscripts, 
or  for  prices  at  which  they  will  sell  such  manuscripts, 
together  with  the  copyright  with  such  books  for  use  in 
the  public  schools  of  Alabama,  proceeding  in  all  respects 
in  like  manner  as  before.  Before  accepting  or  rejecting 
any  manuscript  it  shall  be  the  duty  of  the  commission  to 
take  the  manuscript  and  advertise  for  sealed  bids  or  pro- 
posals for  publishing  the  same  in  book  form,  in  like  man- 
ner as  provided  in  this  article,  and  under  the  same  restric- 
tion and  condition,  and  the  contract  may  be  let  for  the 
publication  of  all  such  books  or  for  any  one  or  more  sepa- 
rately. The  State  itself  shall  not  under  any  circumstances 
enter  into  any  contract  binding  it  to  pay  for  the  publica- 
tion of  any  book  or  books,  but  in  the  contract  with  the 
owner  of  the  manuscript  it  shall  be  provided  that  he  shall 
pay  the  compensation  to  the  publisher  for  the  publication 
and  putting  in  book  form  the  manuscript,  together  with 
the  cost  and  expense  of  copyrighting  the  same ;  and  pro- 
vided that  in  all  cases  bids  or  proposals  shall  be  accom- 
panied with  the  cash  deposit  of  from  five  hundred  to 
twenty-five  hundred  dollars,  as  the  commission  may  direct, 
and  as  previously  provided  in  this  article. 

1837.  Manuscripts  or  printed  form  of  matter  pro- 
posed to  be  incorporated  in  book. — Any  person,  firm,  or 
corporation  now  doing  business,  or  proposing  to  do  busi- 
ness in  the  State,  shall  have  the  right  to  bid  for  the  con- 
tract to  be  awarded  under  this  article  in  the  manner  as 
follows :  In  response  to  the  advertisement,  when  made  as 
hereinabove  provided,  said  person,  firm,  or  corporation 
may  submit  in  writing  bid  or  bids  to  edit  or  have  edited, 
publish  and  supply  for  use  in  the  public  schools  in  this 
State,  any  book  or  books  herein  provided  for,  provided 
that  instead  of  filing  with  said  bid  or  proposals  a  sample 
or  specimen  copy  of  each  book  proposed  to  be  furnished, 
he  may  exhibit  to  the  commission  a  manuscript  or  printed 
form  of  the  matter  proposed  to  be  incorporated  in  any 
book,  together  with  such  a  description  and  illustration  of 
the  form  and  style  thereof  as  would  be  fully  intelligible 
and  satisfactory  to  said  commission,  or  they  may  submit 
a,  book  or  books,  the  equal  of  which  in  every  way  they 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  83 

propose  to  furnish,  and  they  shall  accompany  their  bid 
or  proposal  with  the  cash  deposit  and  execute  a  contract 
and  bond  as  hereinbefore  provided, 

1838.  Proclamation  of  governor  announcing  contract. 
— As  soon  as  said  commission  shall  have  entered  into  a 
contract  or  contracts  for  the  furnishing  or  supplying  of 
books  for  use  in  the  public  schools  in  this  State,  the  gov- 
ernor shall  issue  his  proclamation  announcing  such  facts 
to  the  people  of  the  State. 

1839.  Three  depositaries  or  places  of  sale  in  each 
county. — The  party  or  parties  with  whom  the  contract 
shall  be  made  shall  place  their  books  on  sale  at  not  less 
than  three  j)laces  in  each  county  of  the  State  for  the  dis- 
tribution of  the  books  to  the  patrons,  and  the  contractor 
shall  be  permitted  to  make  arrangements  with  a  merchant 
or  other  person  for  the  handling  and  distribution  of  the 
books, 

1840.  Contract  price  printed  on  books. — All  books 
shall  be  sold  to  the  consumer  at  the  retail  contract  price, 
and  in  each  book  shall  be  printed  the  following:  (The 
price  fixed  herein  is  fixed  by  State  contract  and  devia- 
tions therefrom  shall  be  reported  to  your  county  superin- 
tendent of  education  or  the  State  superintendent  at  Mont- 
gomery.) Should  any  party  contracting  to  furnish  books 
as  provided  for  fail  to  furnish  them  or  otherwise  breach 
his  contract,  in  addition  to  the  right  of  the  State  to  sue 
on  his  bond  hereinabove  required,  the  county  superin- 
tendent of  any  county  may  sue,  in  the  name  of  the  State 
of  Alabama,  in  any  court  of  competent  jurisdiction  in  the 
county  in  which  he  resides,  for  the  use  and  benefit  of  the 
school  fund  of  the  county;  provided  that  the  right  of 
action  of  the  county  superintendent  shall  be  limited  to 
breaches  of  the  contract  committed  in  the  county  of  his 
residence.  In  all  cases  under  this  article  service  of 
process  may  be  had  and  deemed  sufficient  on  any  agent  of 
the  contractor  in  this  State. 

1841.  Distribution  of  books. — The  commission  shall, 
from  time  to  time,  make  any  necessary  regulations  to 


84  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

secure  the  prompt  distribution  of  the  books  provided  for 
in  this  article,  and  the  prompt  and  faithful  execution  of 
all  contracts. 

1842.  Commission  continues  for  five  years;  new  com- 
mission appointed. — Said  commission  shall  maintain  its 
organization  for  five  years,  and  at  the  end  of  said  period 
of  five  years  the  governor  shall  name  a  similar  commis- 
sion with  like  powers  and  a  like  term  as  the  first  named 
commission,  provided  that  all  bids  and  contracts  for 
school  books  shall  provide  for  the  purchase,  by  munici- 
palities and  school  districts  which  supply  free  school 
books,  of  such  books  at  the  regular  contract  price  less  the 
commission  allowed  to  agents  or  depositories. 

1843.  List  of  books,  agencies,  and  prices  furnished  to 
county  superintendent  of  education. — As  soon  as  prac- 
ticable after  the  adoption,  provided  for  in  this  article,  the 
State  superintendent  of  education  shall  issue  a  circular 
letter  to  each  county  superintendent  of  education  and  each 
teacher  in  the  State,  and  to  such  others  as  he  may  desire 
to  send  it,  which  letter  shall  contain  the  list  of  books 
adopted,  the  prices,  location  of  agencies,  the  manner  of 
distribution,  and  such  other  information  as  he  may  deem 
necessary. 

1844.  Supplementary  text-books;  books  for  higher  or 
more  advanced  studies. — As  soon  as  the  existing  contract 
for  books  expires  the  books  adopted  as  a  uniform  series 
of  text-books  for  the  next  five  years  shall  be  introduced 
and  used  as  text-books  to  the  exclusion  of  all  others  in  all 
the  public  free  schools  in  this  State.  Supplementary 
books  shall  be  used,  but  such  books  shall  not  be  used  to 
the  exclusion  of  the  books  prescribed  or  adopted  under 
the  provisions  of  this  article.  Higher  or  more  advanced 
branches  may  be  taught  than  provided  in  this  article,  but 
such  higher  branches  or  books  shall  not  be  taught  to  the 
exclusion  of  the  branches  or  books  mentioned  in  this 
article. 

1845.  Other  books  used  upon  failure  to  furnish  those 
adopted. — The  patrons  of  the  public  schools  throughout 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  85 

the  state  may  procure  books  in  the  usual  way  in  case 
no  contract  shall  be  made,  or  the  contractor  fails  or 
refuses  to  furnish  the  books  provided  for  in  this  article 
at  the  time  required  for  their  use  in  the  respective  schools. 

1846.  Appropriation. — The  sum  of  three  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary,  to  be 
paid  out  of  the  moneys  in  the  treasury  not  otherwise 
expended,  is  appropriated  for  the  purpose  of  paying  the 
costs  and  expenses  of  carrying  into  effect  the  provisions 
of  this  article. 

1847.  Compensation  of  commissioners. — The  governor 
and  superintendent  of  education  shall  serve  on  the  com- 
mission without  compensation,  and  the  other  members 
of  the  commission  shall  be  paid  the  sum  of  four  dollars 
per  day  during  the  time  they  are  actually  engaged,  and  in 
addition  shall  receive  ten  cents  per  mile  for  each  mile 
traveled  from  their  homes  to  their  place  of  meeting  and 
return  thereto,  to  be  paid  out  of  the  funds  appropriated 
by  the  preceding  section,  and  they  shall  each  make  and 
swear  to  a  statement  of  the  number  of  miles  traveled 
and  the  number  of  days  actually  engaged. 

1848.  Clerk  of  commission;  compensation  of. — The 
commission  may  appoint  a  clerk  who  shall  have  three  dol- 
lars per  diem  during  the  time  he  is  actually  engaged  and 
the  same  mileage  as  is  allowed  the  members  of  the  com- 
mission. 

1849.  Books  adopted  continue  for  five  years. — The 
adoption  made  as  provided  for  in  this  article  shall  con- 
tinue for  five  years  from  the  expiration  of  the  existing 
contract,  unless  otherwise  provided. 

1850.  Failure  to  furnish  books;  contract  for  unex- 
pired term. — In  case  of  the  failure  of  any  contractor  to 
furnish  the  books  as  provided  in  his  contract  his  bond 
shall  be  declared  forfeited,  and  the  State  school-book 
commission  may  make  such  other  contract  for  the  unex- 
pired term  with  another  person  to  provide  such  books  as 


86  PUBLIC  SCHOOL  I^WS  OF  ALABAMA 

they  may  deem  advisable  for  the  best  interest  of  the 
State. 

(See   Criminal   Provisions,    Sections   7751,    7752    and 
7753  of  this  pamphlet.) 


ARTICLE  20. 

HIGH   SCHOOLS  FOR  COUNTIES. 

1861.  High  school  commission  to  locate  and  establish. 
— The  governor,  auditor  and  superintendent  of  education, 
shall  constitute  a  commission  to  locate  one  high  school  in 
each  of  the  counties  of  this  State. 

1862.  Sites  procured;  anrnuil  donations  paid  quar- 
terly.— For  any  county  in  which  the  citizens  thereof  shall 
secure  a  suitable  site  which  shall  consist  of  not  less  than 
five  acres  of  land,  the  title  to  the  surface  of  which  shall 
be  in  fee  (but  the  land  need  not  include  mineral  rights) 
and  erect  thereon  a  good  and  substantial  building  with 
all  necessary  equipments  for  a  high  school,  the  cost  of 
said  buildings  to  be  not  less  than  $5,000,  and  upon  making 
a  deed  to  the  State  of  Alabama  of  said  land,  building  and 
equipment,  there  shall  be  appropriated  out  of  any  money 
in  the  treasury,  not  otherwise  appropriated,  the  sum  of 
three  thousand  dollars  and  this  appropriation  is  hereby 
made  to  continue  annually,  beginning  July  1st,  1911. 
Provided  further  that  all  appropriations  made  by  the 
State  and  otherwise  must  be  paid  quarterly  and  in  accord- 
ance with  the  rules  and  regulations  made  by  the  high 
school  commission. 

1863.  High  school  controlled  by  high  school  commis- 
sion and  county  board  of  education. — Each  county  high 
school  of  the  State  shall  be  under  the  direction  and  control 
of  the  county  board  of  education  of  the  county  in  which 
the  high  school  is  located,  but  every  action  of  the  county 
board  of  education  is  subject  to  the  approval  of  the  high 
school  commission.  Provided  further,  that  rules  and  reg- 
ulations for  the  government  of  the  county  high  schools  of 
the  State  and  the  employment  of  the  teachers  in  said 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  87 

county  high  schools  shall  be  made  by  the  high  school  com- 
mission. 

1864.  Free  schools  and  office  of  trustee  not  abolished. 
— Nothing  in  this  article  shall  be  so  construed  as  to 
abolish  any  free  school  in  any  district,  or  the  office  of 
trustee  in  any  district  in  which  said  high  school  may  be 
located. 

1865.  Qualifications  and  eligibility  of  teachers  and 
students. — No  teacher  shall  be  eligible  to  teach  in  any 
high  school  established  under  the  provisions  of  this  arti- 
cle, unless  holding  a  first-grade  or  life  certificate.  Nor 
shall  any  student  be  eligible  to  entrance  into  said  high 
school  unless  said  student  can  pass  a  satisfactory  exami- 
nation in  the  branches  of  free  public  instruction  in  the 
elementary  schools  of  his  or  her  county.  Such  schools 
shall  be  open  to  students  of  the  white  race  regardless  of 
age  who  have  complied  with  the  provisions  of  this  section. 

1866.  Course  of  study. — A  course  of  study  for  such 
school  or  schools  shall  be  provided  and  required  by  the 
superintendent  of  education;  such  course  of  study  shall 
consist  of  secondary  branches  of  study. 

1867.  MaU'iculation  fee. — A  matriculation  fee  of  not 
more  than  two  and  one-half  dollars  to  be  fixed  by  the 
county  board  of  education  in  which  a  county  high  school 
is  or  may  hereafter  be  located  and  in  operation,  may  be 
charged  to  each  student  entering  said  high  school,  to 
defray  the  necessary  expenses  of  said  high  school  during 
each  term,  provided  a  part  of  the  matriculation  fees  may 
be  used  for  library  purposes  in  said  high  school.  All 
funds  accruing  from  fees  as  provided  herein  shall  be  paid 
out  by  the  treasurer  of  the  high  school  upon  the  order 
of  the  principal  of  said  school. 


No.  217.)  AN  ACT  (S.  7. 

To  authorize  and  empower  the  commissioners  court, 
board  of  revenue,  or  other  court  of  county  officers  of 


88  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

similar  or  like  jurisdiction  to  donate  or  appropriate  funds 
from  the  county  treasury  to  aid  in  the  construction  or 
improvement  of  necessary  buildings  and  the  maintenance 
and  support  of  those  State  schools  known  as  county  high 
schools  established  under  the  act  of  the  Legislature  ap- 
proved August  7,  1907,  and  to  ratify  and  confirm  all 
appropriations  heretofore  made  for  such  purposes  and  to 
repeal  all  laws  and  part  of  laws  in  conflict  therewith. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Alabama, 
That  on  and  after  the  approval  of  this  act  by  the  gover- 
nor it  shall  be  lawful  for  the  commissioners  court,  board 
of  revenue,  or  other  court  or  officers  of  the  county  of 
similar  or  like  jurisdiction  to  donate  or  appropriate  funds 
from  the  county  treasury  to  aid  in  the  construction  or 
improvement  of  necessary  buildings  and  the  maintenance 
and  support  of  those  State  schools  known  as  county  high 
schools  established  in  the  several  counties  of  the  State 
under  an  act  of  the  Legislature  entitled  an  act  to  provide 
for  the  establishment  of  high  schools  in  this  State,  and 
to  make  appropriations  for  said  schools,  approved  August 
7th,  1907,  such  donations  or  appropriations  to  be  applied 
to  the  benefits  of  said  schools  under  the  supervision  and 
control  of  the  county  boards  of  education,  and  not  other- 
wise. That  appropriations  heretofore  made  from  county 
funds  by  the  courts  of  county  commissioners  or  the  courts 
or  boards  of  revenue  of  the  several  counties  of  this  State 
to  be  used  in  the  construction  or  maintenance  of  such 
schools  are  hereby  ratified  and  confirmed,  provided  that 
the  provisions  of  this  act  shall  not  affect  suits  heretofore 
filed  to  test  the  legality  of  appropriations  made  by  courts 
of  county  commissioners  or  boards  of  revenue  to  aid 
in  the  construction  of  county  high  schools;  Provided, 
further,  that  the  appropriations  being  tested  by  such 
pending  suits  are  hereby  ratified  and  confirmed  and  this 
act  shall  not  be  set  up  as  a  defense  to  any  such  pending 
suit. 

Approved  August  26,  1909. 

Note. — By  an  opinion  of  the  Attorney  General,  rendered  Aug.  21, 
1908,  tile  county  liigti  school  is  held  to  be  a  part  of  the  public  school 
system  and  the  county  l)oard  of  education  is  authorized  to  malie 
appropriations  for  the  maintenance  of  the  county  high  school. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  89 

No.  94.)  AN  ACT  (S.  66. 

To  authorize  the  cities  and  towns  of  this  State  to  con- 
vey real  or  personal  property  and  to  make  appropriations 
of  money  from  city  funds,  and  issue  bonds  to  aid  in  the 
location  and  in  the  construction  of  high  schools  and  high 
school  buildings,  and  to  ratify  and  confirm  all  such  con- 
veyances and  appropriations  which  have  heretofore  been 
made  by  any  such  city  or  town. 

Section  1.  Be  it  enacted  by  the  Legislature  of  Alabama, 
That  the  cities  and  towns  of  this  State  be  and  they  are 
hereby  authorized  and  empowered  to  convey  real  or  per- 
sonal property  belonging  to  such  cities  or  towns,  and  to 
make  appropriations  from  city  or  town  funds,  and  issue 
bonds  to  aid  in  the  location  and  in  the  construction  of 
high  schools  and  high  school  buildings  under  the  act  of  the 
Legislature  of  Alabama,  approved  August  7,  1907,  en- 
titled "An  act  to  provide  for  the  establishment  of  high 
schools  in  this  State,  and  to  make  appropriations  for  said 
schools." 

Sec.  2.  That  all  such  conveyances  of  property  and 
appropriations  of  funds  which  have  heretofore  been  made 
for  the  purpose  named  in  section  1  of  this  act,  be  and  the 
same  are  hereby  ratified  and  confirmed. 

Approved  August  26,  1909. 


ARTICLE  21. 

UNIVERSITY  OF  ALABAMA. 

1869.  (3667)  (1058)  (1295)  Incorporation  of  uni- 
versity.— The  governor  and  the  superintendent  of  educa- 
tion, by  virtue  of  their  respective  offices,  and  the  trustees 
heretofore  appointed  from  the  different  congressional 
districts  of  the  State  under  the  provisions  of  section  264 
of  the  Constitution,  and  such  other  members  as  may  be 
from  time  to  time  added  to  the  board  of  trustees  and  their 
successors  in  office,  are  constituted  a  body  corporate 
under  the  name  of  "The  board  of  trustees  of  the  Univer- 
sity of  Alabama,"  to  carry  into  effect  the  purposes  and 


90  PUBLIC  SCHOOL  IxA-WS  OF  ALABAMA 

intent  of  the  Congress  of  the  United  States  in  the  grant 
of  lands  by  the  act  of  April  20,  1818,  and  of  the  act  of 
March  2,  1819,  to  this  State,  to  be  by  it  held  and  admin- 
istered for  the  benefit  of  a  seminary  of  learning. 

1870.  (3668)  (1059)  (1296)  General  powers,  duties, 
and  liabilities  of  such  corporation. — Such  corporation 
shall  have  all  the  rights,  powers,  and  franchises  necessary 
to  or  promotive  of  the  end  of  its  creation,  and  shall  be 
charged  with  all  the  corresponding  duties,  liabilities,  and 
responsibilities. 

1871.  (3669)  (1060)  (1297)  Power  of  holding  and 
disposing  of  property. — Such  corporation  may  hold,  and 
may  lease,  sell,  or  in  any  other  manner  not  inconsistent 
with  the  object  or  terms  of  the  grant  or  grants  under 
which  it  holds,  dispose  of  any  property,  real  or  personal, 
or  any  estate  or  interest  therein,  remaining  of  the  origi- 
nal or  any  subsequent  grant  by  Congress,  or  by  this  State, 
or  by  any  person,  or  accruing  to  the  corporation  from 
any  source,  including  also  the  proceeds  of  the  "University 
Fund,"  as  to  it  may  seem  best  for  the  purposes  of  its 
institution. 

1872.  (3670)  (1061)  (1298)  University  fund  de- 
fined; credit  of  State  pledged  for  payment  of  interest. — 
The  fund  designated  in  the  preceding  section  as  the  "Uni- 
versity Fund"  consists  of  the  sum  of  thirty-six  thousand 
dollars  per  annum  as  interest  on  the  funds  of  the  Univer- 
sity of  Alabama,  heretofore  covered  into  the  treasury,  for 
the  maintenance  and  support  of  said  institution,  which 
said  sum  of  thirty-six  thousand  dollars  shall  be  paid  to 
the  duly  authorized  agent  of  the  university  as  hereinafter 
provided;  and  the  further  sum  of  twenty-five  thousand 
dollars,  annually,  is  added  to  and  made  a  part  of  the 
university  fund. 

1873.  (3671)  (1062)  (1299)  When  gifts  or  grant 
not  affected;  what  not  a  forfeiture. — No  grant  or  gift,  by 
will  or  otherwise,  shall  fail  on  account  of  any  misnomer 
or  informality,  when  the  intention  of  the  grantor  or 
donor  can  be  ascertained;  nor  shall  any  default,  malfea- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  91 

sance  on  the  part  of  the  trustees  or  other  officers  or  agents 
of  such  corporation,  work  a  forfeiture  of  any  of  its  rights, 
powers,  privileges,  or  franchises, 

1874.  (3672)  (1063)  (1300)  Rights,  etc.,  of  uni- 
versity continued  in  corporation. — In  addition  to  the 
rights,  properties,  privileges,  and  franchises  herein  grant- 
ed, all  rights,  properties,  privileges,  and  franchises  here- 
tofore, by  any  act  of  the  Legislature,  granted  to  or  vested 
in  the  University  of  Alabama,  shall  vest  and  continue  in 
such  corporation. 

1875.  (3673)  (1064)  (1301)  Powers  of  the  board  of 
trustees;  no  exclusion  from  benefit  of  "University  Fund," 
etc. — The  board  of  trustees  have  the  power  to  organize 
the  university  by  appointing  a  corps  of  instructors,  who 
shall  be  styled  the  faculty  of  the  university,  and  such  other 
officers  as  the  interest  of  the  university  may  require;  to 
remove  such  instructors  or  officers,  and  to  fix  their  sal- 
aries or  compensation,  and  increase  or  reduce  the  same 
at  their  discretion ;  to  institute,  regulate,  alter,  or  modify 
the  government  of  the  university,  as  they  may  deem  ad- 
visable; to  prescribe  courses  of  instruction,  rates  of  tui- 
tion, price  of  board,  and  regulate  the  necessary  expenses 
of  students;  and- to  confer  such  academic  and  honorary 
degrees  as  are  usually  conferred  by  literary  institutions. 
They  may  delegate  to  the  faculty  of  the  university,  or 
other  officers,  such  powers  and  functions  in  the  govern- 
ment of  the  students,  and  in  the  administration  of  the 
affairs  of  the  university,  as  they  may  deem  proper;  but 
in  no  case  shall  any  person  be  authorized  to  receive,  hold, 
or  disburse  any  funds  of  the  university  without  having 
first  given  bond,  conditioned  for  the  faithful  discharge 
of  his  duties;  and  no  person  shall  be  excluded  from  the 
full  benefit  of  the  university  fund,  or  placed  at  any  dis- 
advantage in  the  pursuit  of  his  studies,  who  possesses  the 
requisite  literary  and  other  qualifications,  and  is  willing 
to  submit  to  the  discipline  prescribed  the  students. 

1876.  (3674,  3675)  (1065,  1066)  (1302,  1303)  Classi- 
fication of  trustees;  term  and  oath  of  office. — The  State 


92  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

university  shall  be  under  the  control  of  the  board  of 
trustees,  which  shall  consist  of  two  members  from  the 
congressional  district  in  which  the  university  is  located, 
and  one  from  each  of  the  other  congressional  districts 
in  the  State,  the  superintendent  of  education,  and  the 
governor,  who  shall  be  ex-officio  president  of  the  board. 
The  members  of  the  board  of  trustees,  as  now  constituted, 
shall  hold  office  until  their  respective  terms  expire  under 
existing  law,  and  until  their  successors  shall  be  elected 
and  confirmed,  as  hereinafter  required.  Successors  to 
those  trustees  whose  terms  expire  in  nineteen  hundred  and 
two  shall  hold  office  until  nineteen  hundred  and  seven; 
successors  to  those  whose  terms  expire  in  nineteen  hun- 
dred and  four  shall  hold  office  until  nineteen  hundred 
and  eleven ;  successors  those  trustees  whose  terms  expire 
in  nineteen  hundred  and  six  shall  hold  office  until  nineteen 
hundred  and  fifteen ;  and  thereafter  their  successors  shall 
hold  office  for  a  term  of  twelve  years.  When  the  term  of 
any  member  of  such  board  shall  expire,  the  remaining 
members  of  the  board  shall,  by  secret  ballot,  elect  his  suc- 
cessor, provided,  that  any  trustee  so  elected  shall  hold 
office  from  the  date  of  his  election  until  his  confirmation 
or  rejection  by  the  senate,  and,  if  confirmed,  until  the  ex- 
piration of  the  term  for  which  he  was  elected,  and  until 
his  successor  is  elected.  At  every  meetihg  of  the  Legisla- 
ture the  superintendent  of  education  shall  certify  to  the 
senate  the  names  of  all  who  have  been  so  elected  since 
the  last  session  of  the  Legislature  and  the  Senate  shall 
confirm  or  reject  them,  as  it  shall  determine  is  for  the 
best  interest  of  the  university.  If  it  reject  the  names 
of  any  member  it  shall  thereupon  elect  trustees  in  the 
stead  of  those  rejected.  In  the  case  of  a  vacancy  on  said 
board  by  death  or  resignation  of  a  member,  or  from  any 
cause  other  than  the  expiration  of  his  term  of  office,  the 
board  shall  elect  his  successor,  who  shall  hold  office  until 
the  next  session  of  the  Legislature.  When  the  name  of  a 
successor  or  successors  elected  by  said  board  to  fill  the 
vacancy  or  vacancies  so  occasioned  shall  be  certified  by 
the  superintendent  of  education  to  the  senate,  and  the 
senate  shall  confirm,  or  reject,  as  it  shall  determine  is  for 
the  best  interest  of  the  university;  and  if  confirmed  by 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  93 

the  senate,  the  person  or  persons  so  elected  to  fill  said 
vacancy  shall  hold  office  for  the  unexpired  term  to  which 
he  is  so  elected.  If  the  senate  rejects  the  name  of  any 
person  to  fill  said  vacancy,  it  shall  thereupon  elect  some 
person  or  persons  in  the  stead  of  those  rejected.  No 
trustee  shall  receive  any  pay  or  emolument  other  than 
his  actual  expenses  incurred  in  the  discharge  of  his  duties 
as  such. 

1877.  (3676)  (1067)  (1304)  Quorum  of  board  of 
trustees;  president  pro  tempore. — Five  members  of  the 
board  of  trustees,  exclusive  of  the  ex  officio  members, 
shall  constitute  a  quorum,  and  every  member  present  shall 
be  required  to  vote,  and  a  majority  of  those  present  shall 
govern.  At  their  first  meeting,  the  board  shall  elect  one 
of  their  number  president  pro  tempore,  who  shall  preside 
in  the  absence  of  the  governor,  and  shall  hold  the  position 
until  the  next  annual  or  special  meeting,  when  another 
president  pro  tempore  shall  be  elected. 

1878.  (3677)  (1068)  (1303,  1304)  Time  and  place 
of  meeting  of  trustees. — The  board  of  trustees  shall  meet 
at  least  once  in  each  year,  and  on  the  last  Wednesday  in 
June,  unless  some  other  day  is  selected  by  them,  and 
they  may,  by  ordinance  or  resolution  adopted  by  them, 
prescribe  other  regular  times  for  meeting.  At  such  meet- 
ing they  may  continue  in  session  as  long  as  they  may 
deem  proper  for  the  welfare  of  the  institution,  and  may 
at  any  session  appoint  a  special  or  adjourned  meeting. 
Upon  the  written  application  of  four  members,  or  of  any 
three  members  with  his  concurrence,  the  president  pro 
tempore  shall  appoint  a  special  meeting,  and  issue  notice 
thereof  to  the  several  members;  but  such  special  meet- 
ing shall  not  be  appointed  for  a  day  less  than  twenty  days 
subsequent  to  the  date  of  the  notice.  In  case  there  is  no 
president  pro  tempore  of  the  board,  or  in  case  he  is  inca- 
pacitated to  act,  then  the  governor,  as  president  of  the 
board,  shall,  upon  the  written  application  of  four  mem- 
"bers,  in  like  manner  call  such  special  meeting.  Regular 
meetings  of  the  board  must  be  held  at  the  university,  but 
special  or  adjourned  meetings  may  be  held  at  the  univer- 


94  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

sity  or  in  the  city  of  Montgomery,  or  in  the  city  of  Bir- 
mingham. 

1879.  (3678)  (1069)  (1305)  Proceedings  of  board 
recorded;  employment  of  secretary;  payment  of  expenses, 
etc. — The  proceedings  of  the  board  of  trustees  must  be 
recorded  in  a  substantially  bound  book,  which  must  be 
kept  in  the  archives  of  the  university ;  and  the  board  may 
at  any  meeting  employ  a  secretary.  The  certificate  of  the 
president,  or  in  his  absence,  of  the  president  pro  tempore, 
countersigned  by  the  secretary,  if  there  be  one,  shall  en- 
title the  several  trustees  to  their  constitutional  pay  out 
of  the  treasury  of  the  university;  and  the  compensation 
of  the  secretary  and  the  necessary  incidental  expenses^ 
of  the  board  at  each  session  shall  be  paid  on  the  order  of 
the  board,  and  the  certificate  of  the  president,  or  president 
pro  tempore,  as  the  case  may  be,  out  of  such  treasury. 

1880.  (3679)  (1070)  (1306)  Report  by  the  board  to 
the  Legislature. — It  shall  be  the  duty  of  the  board  of 
trustees  to  make  to  the  Legislature,  at  each  session  there- 
of, a  full  report  of  their  transactions,  and  of  the  condition 
of  the  university,  embracing  an  itemized  account  of  all 
receipts  and  disbursements  on  account  of  the  university 
by  those  charged  with  the  administration  of  its  finances. 

1881.  (3681)  (1072)  (1309)  (430)  (384)  Interest 
on  "University  fund;"  how  payable. — The  State  treas- 
urer, must,  quarterly,  on  the  last  day  of  December,  March, 
June  and  September  of  each  year,  pay  the  "university 
fund,"  as  defined  by  section  1872  (3670)  of  this  Code, 
to  the  treasurer  or  any  authorized  agent  of  the  university ; 
and  on  the  application  of  such  treasurer  or  agent,  the 
State  auditor  shall  draw  his  warrant  on  the  State  treas- 
urer for  the  amount  due ;  such  payments  to  commence  on 
the  days  specified  after  the  present  Constitution  becomes 
operative. 

1882.  (3682)  (1073)  (1308)  Right  reserved  to  the 
Legislature  to  revise  and  amend. — The  right  is  reserved 
to  the  Legislature  to  revise  or  amend  the  provisions  of 
this  article,  and  virtue  of  the  character  of  the  trust  con- 


PUBLIC.  SCHOOL  LAWS  OF  ALABAMA  95 

ferred  by  the  act  of  Congress,  to  intervene,  and,  by  special 
enactment,  to  direct  and  control  the  board  of  trustees 
in  the  discharge  of  their  duties  and  functions. 

1883.  (3683)  Law  department  to  receive  second-hand 
text-hooks  from  State  library. — The  justices  of  the  Su- 
preme Court  are  authorized  from  time  to  time  to  set 
apart  and  turn  over  to  the  law  department  of  the  univer- 
sity, copies  of  such  second-hand  or  superseded  law  books, 
known  as  text-books,  as  they  may  deem  expedient,  the 
marshal  and  librarian  taking  proper  receipts  therefor. 

1884.  (3684)  Law  department  must  be  supplied  with 
Codes. — The  secretary  of  State  shall  supply  to  such  law 
department  ten  copies  of  the  Code  of  Alabama  and  ten 
copies  of  the  acts  of  the  Legislature,  and  ten  copies  of 
«ach  volume  of  the  current  reports  of  the  Supreme  Court, 
-as  the  same  may,  from  time  to  time,  be  published. 

1885.  (3685)  Police  of  grounds;  appointment,  pow- 
ers, and  duties. — The  president  of  the  university  has 
authority  to  appoint  or  employ  one  or  more  suitable  per- 
sons to  act  as  police  officers  to  keep  off  intruders  and 
prevent  trespass  upon  and  damage  to  the  property  of  the 
university.  Such  person  shall  be  charged  with  all  the 
duties  and  invested  with  all  the  powers  of  police  officers, 
and  may  eject  trespassers  from  the  university  buildings 
and  grounds,  and  may,  without  warrant,  arrest  persons 
guilty  of  disorderly  conduct,  or  of  trespass  on  the  property 
of  the  institution,  and  carry  them  before  the  nearest  jus- 
tice of  the  peace  or  other  officer  charged  with  the  trial 
of  such  offenders,  before  whom,  upon  proper  affidavit 
<jhargihg  the  offense,  such  person  so  arrested  may  be  tried 
and  convicted  as  in  case  of  persons  brought  before  him 
on  a  warrant;  and  such  officer  or  officers  shall  have 
authority  to  summon  a  posse  comitatus. 

1886.  Lands,  sale,  lease,  or  other  disposition  provided 
for. — The  board  of  trustees  of  the  University  of  Alabama 
may  sell,  lease,  or  otherwise  dispose  of,  all  or  any  part  of 
such  land  as  has  been  or  may  be  selected  under  and  by 
virtue  of  an  act  of  Congress  entitled,  "An  act  to  increase 


96  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

the  endowment  of  the  University  of  Alabama  from  the 
public  school  lands  in  said  State,"  approverd  April  23^ 
1884;  and  may  sell  lands  or  any  interest  therein  or  part 
thereof  for  such  prices  and  upon  such  terms  as  to  them 
may  seem  proper.  Such  sales  may  be  for  cash  or  for 
part  cash,  and  the  said  board  of  trustees  of  the  University 
of  Alabama  shall  not  be  limited  by  any  statute  heretofore 
enacted  as  to  what  part  of  the  purchase  price  of  such 
lands  which  they  have  heretofore  sold  or  may  hereafter 
sell  shall  be  in  cash,  but  the  per  cent  of  the  purchase 
price  of  such  lands  that  may  have  been  or  shall  be  in 
cash,  shall  be  such  as  said  board  of  trustees  of  the  Univer- 
sity of  Alabama  may  agree  upon  with  the  purchaser  or 
purchasers. 

1887.  Executive  committee  created  and  authorized  to 
act.- — The  board  of  trustees  of  the  University  of  Alabama 
may  create  an  executive  committee  consisting  of  three 
or  more  of  the  trustees  composing  the  said  board  upon 
which  committee  it  may  confer  full  power  and  authority 
to  lease,  sell,  and  convey  such  lands  or  any  part  thereof,, 
or  any  interest  therein,  as  fully  as  said  board  of  trustees 
of  the  University  of  Alabama  could  itself  do. 

1888.  Sales,  leases,  etc.,  ratified  and  confirmed. — All 
sales,  agreements  to  sell,  leases,  and  other  dispositions 
of  such  lands,  or  any  part  thereof,  or  any  interest  therein, 
heretofore  made  or  attempted  to  be  made  by  the  board  of 
trustees  of  the  University  of  Alabama,  or  by  any  execu- 
tive committee  by  it  created,  irrespective  of  the  per  cent 
of  the  purchase  price  which  may  have  been  paid  in  cash, 
are  ratified  and  confirmed,  and  shall  be  binding  upon  the 
board  of  trustees  as  fully  as  if  the  same  were  made  after 
the  28th  day  of  February,  1907,  and  in  cases  where  the 
same  were  made  by  an  executive  committee,  as  if  the  same 
were  made  by  the  board  of  trustees  of  the  University  of 
Alabama. 

1889.  Medical  department  of  the  University  of  Ala- 
hama. — The  corporation  styled  the  Medical  College  of 
Alabama    is   dissolved,    and   the    institution   heretofore 


rUBLIC  SCHOOL  LAWS  OF  ALABAMA  97 

known  as  the  Medical  College  of  Alabama  is  constituted 
the  Medical  Department  of  the  University  of  Alabama, 
and  shall  hereafter  be  under  the  sole  management,  owner- 
ship, and  control  of  the  board  of  trustees  of  the  University 
of  Alabama;  but  the  said  Medical  Department  shall  re- 
main at  Mobile  for  all  time.  All  appropriations  of  money 
which  may  hereafter  be  made  in  aid  of  the  medical  col- 
lege shall  inure  to  the  benefit  of  the  said  Medical  Depart- 
ment of  the  University  of  Alabama,  and  shall  be  paid  to 
the  trustees  of  the  University  of  Alabama  for  the  use  and 
benefit  of  said  Medical  Department  at  Mobile,  Alabama. 


ARTICLE  22. 

CEMENT  LABORATORY. 

1893.  Testing  laboratory  for  cements. — The  testing 
laboratory  of  the  University  of  Alabama  is  the  official 
testing  laboratory  for  cements  and  other  materials  of 
construction. 


ARTICLE  23. 

SUMMER  SCHOOL. 

1894.  Summer  school  at  university  established. — The 
trustees  of  the  University  of  Alabama  may  establish  at 
that  institution  a  school  to  be  known  as  the  summer 
school  for  teachers,  at  which  during  the  summer  months 
instruction  shall  be  given  in  all  the  public  school  studies 
and  in  such  other  studies  as  may  be  necessary  to  better 
prepare  teachers  for  efficient  service  in  the  public  schools 
of  this  State. 

1895.  Annual  appropriations. — For  the  maintenance 
of  the  summer  school  for  teachers,  the  sum  of  five  thou- 
sand dollars  is  appropriated  annually. 

1896.  Appropriation;  how  and  when  paid. — The  sum 
of  five  thousand  dollars  shall,  on  the  first  day  of  July  of 

4SC 


9e  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

each  year,  be  paid  by  the  State  treasurer  to  the  treasurer 
of  the  University  of  Alabama,  on  warrants  drawn  by 
the  State  auditor  as  warrants  are  drawn  for  other  appro- 
priations to  the  university.  The  trustees  of  the  university 
shall  report  in  writing  to  the  Legislature  at  each  regular 
session  thereof  the  manner  in  which  the  appropriation 
has  been  expended. 

1897.  Matriculation  or  tuition  fee. — No  matriculation 
or  tuition  fee  shall  be  charged  to  Alabama  teachers,  and 
no  incidental  fee  exceeding  three  dollars  per  session  shall 
be  charged  any  Alabama  teacher. 

1898.  Examinatiotis  conducted  by  State  board  of  ex- 
aminers annually. — The  State  board  of  examiners  for 
teachers  shall  conduct  or  have  conducted,  annually,  at 
the  university,  at  the  close  of  the  summer  school  for  teach- 
ers, an  examination  for  the  convenience  of  teachers  at- 
tending that  school.  The  examination  shall  be  equal  in 
all  respects  to  the  regular  examination  required  by 
law.  The  same  fees  shall  be  charged,  and  the  examina- 
tions shall  be  conducted  under  the  same  rules  and  regu- 
lations. 


ARTICLE  24. 
ALABAMA  POLYTECHNIC  INSTITUTE. 

1899.  (3686)  (1074)  Incorporation  of  the  Alabama 
Polytechnic  Institute. — The  governor  and  the  superin- 
tendent of  education,  by  virtue  of  their  respective  offices, 
and  the  trustees  appointed  from  the  different  congres- 
sional districts  of  the  State,  under  the  provisions  of  sec- 
tion 266  of  the  Constitution  of  1901,  and  their  successors 
in  office,  are  constituted  a  body  corporate  under  the  name 
of  "The  Alabama  Polytechnic  Institute,"  to  carry  into 
effect  the  purposes  and  intent  of  the  Congress  of  the 
United  States  in  the  grant  of  lands  by  the  act  of  July  2, 
1862. 

1900.  (3687)  (1075)  General  powers,  duties,  and 
liabilities  of  institute. — Such  corporation  shall  have  all 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  99 

the  rights,  privileges,  and  franchises  necessary  to  a  pro- 
motion of  the  end  of  its  creation,  and  shall  be  charged 
with  all  corresponding  duties,  liabilities  and  responsibili- 
ties. 

1901.  (3688)  (1076)  Credit  of  State  pledged  to  pay- 
ment of  interest. — For  the  payment  of  the  interest,  at  the 
rate  of  eight  per  cent  per  annum,  on  the  fund  of  two 
hundred  and  fifty-three  thousand  and  five  hundred  dollars, 
arising  from  the  sale  of  the  script  for  the  land  donated  in 
trust  to  this  State  by  the  act  of  Congress  of  July  2,  1862, 
the  faith  and  credit  of  the  State  are  forever  pledged. 

1902.  (3689)  (1077)  Powers  of  board  of  trustees — 
The  board  of  trustees  have  the  power  to  organize  the  in- 
stitute by  appointing  a  corps  of  instructors,  who  shall 
be  styled  the  faculty  of  the  institute,  and  such  other  in- 
structors and  officers  as  the  interest  of  the  institute  may 
require;  and  to  remove  any  such  instructors  or  other 
officers,  and  to  fix  their  salaries  or  compensation,  and 
increase  or  reduce  the  same  at  their  discretion ;  to  regu- 
late, alter,  or  modify  the  government  of  the  institute  as 
they  may  deem  advisable ;  to  prescribe  courses  of  instruc- 
tion, rates  of  tuition,  and  fees ;  to  confer  such  academic 
and  honorary  degrees  as  are  usually  conferred  by  institu- 
tions of  similar  character;  and  to  do  whatever  else  they 
may  deem  best  for  promoting  the  interest  of  the  institute. 
They  shall  also  establish  and  maintain  a  military  depart- 
ment in  the  institute,  and  elect  a  commandant  and  such 
other  officers  as  may  be  necessary  for  the  department. 

1903.  (3690)  (1078)  Classification  of  trustees. — 
The  trustees  of  the  institute  are  divided  into  three  classes, 
as  follows :  The  trustees  from  the  fourth,  fifth,  seventh, 
and  ninth  districts  shall  constitute  the  first  class;  those 
from  the  eighth,  sixth,  and  second  districts  shall  con- 
stitute the  second  class ;  and  those  from  the  third  and  first 
districts  shall  constitute  the  third  class;  and  they  shall 
hold  office,  and  their  seats  be  vacated  as  prescribed  by 
section  266  of  the  Constitution. 


100  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

1904.  (3691)  (1079)  Vacancy  in  office  of  trustees; 
how  filled;  term  of  appointee. — Any  vacancy  in  the  office 
of  trustee,  occurring  during  the  recess  of  the  Legislature, 
shall  be  filled  by  appointment  of  the  governor,  such  ap- 
pointee to  hold  until  the  next  session  of  the  Legislature 
thereafter;  such  vacancy  shall  be  filled  by  the  governor, 
by  and  with  the  consent  of  the  senate;  and  any  trustee 
appointed  to  fill  a  vacancy  by  the  governor,  by  and  with 
the  consent  of  the  senate,  shall  hold  during  the  unex- 
pired term. 

1905.  (3692)  (1080)  Time  and  place  of  meetings  of 
trustees. — The  board  of  trustees  shall  hold  their  meetings 
at  the  institute  on  the  last  Monday  in  June  of  each  year, 
unless  the  board  shall,  in  regular  session,  determine  to 
hold  its  meetings  at  some  other  time  and  place ;  and  upon 
the  application  in  writing  of  any  four  members  of  the 
l)oard,  the  governor  shall  appoint  a  special  meeting,  nam- 
ing the  time  and  place  thereof,  and  cause  notices  thereof 
to  be  issued  to  the  several  members  of  the  board,  but 
such  meeting  shall  not  be  appointed  for  a  day  less  than 
twenty  days  subsequent  to  the  date  of  the  notice. 

1906.  (3693)  (1081)  Quorum  of  board  of  trustees.— 
Six  members  of  the  board  of  trustees  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day 
to  day  until  a  quorum  is  present. 

1907.  (3694)  (1082)  Payment  of  expenses  to  trus- 
tees.— The  certificate  of  the  president  of  the  board,  or, 
in  his  absence,  of  the  president  pro  tempore,  counter- 
signed by  the  secretary,  shall  entitled  the  several  trustees 
to  the  payment  of  their  actual  expenses  incurred  in  the 
discharge  of  their  duties  as  such  trustees. 

1908.  (3695)  (1083)  When  gift  or  grant  not  affect- 
ed; will  not  operate  a  forfeiture. — No  grant  or  gift,  by 
will  or  otherwise,  shall  fail  on  account  of  any  misnomer 
or  informality,  when  the  intent  of  the  grantor  or  donor 
can  be  arrived  at;  nor  shall  any  default,  malfeasance,  or 
misfeasance,  or  non-user,  on  the  part  of  the  trustees,  or 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  101 

other  officers  or  agents  of  such  corporation,  work  a  for- 
feiture of  any  of  its  rights,  privileges,  powers,  or  fran- 
chises. 

1909.  (3696)  (1084)  Report  of  trustees  to  Legisla- 
ture.— It  shall  be  the  duty  of  the  board  of  trustees  to 
make,  or  cause  to  be  made  to  the  Legislature,  at  each  ses- 
sion thereof,  a  full  report  of  their  transactions,  and  of  the 
condition  of  the  institute,  embracing  an  itemized  account 
of  all  receipts  and  disbursements  on  account  of  the  insti- 
tute by  those  charged  with  the  administration  of  its 
finances. 

1910.  (3697)  (1085)  Interest  paid  by  treasurer; 
when  bond  required  of  officers  or  agents. — The  State 
treasurer  must  pay  the  interest  on  the  fund  of  two  hun- 
dred and  fifty-three  thousand  and  five  hundred  dollars 
arising  from  the  sale  of  land  script  quarterly,  as  the 
same  may  accrue  to  the  treasurer  or  other  authorized 
agent  or  officer  of  the  institute;  and  on  the  application 
of  the  treasurer,  agent,  or  officer,  the  State  auditor  shall 
draw  his  warrant  on  the  State  treasurer  for  such  inter- 
est; but  in  no  case  shall  any  person  be  authorized  to 
receive,  hold,  or  disburse  any  fund  of  the  institute,  with- 
out first  having  given  bond  conditioned  for  the  faithful 
performance  of  his  duties. 

1911.  Appropriation  in  lieu  of  fertilizer  tag  tax;  how 
paid. — In  lieu  of  the  share  of  the  proceeds  arising  from 
the  sale  of  fertilizer  tags  heretofore  paid  to  the  Alabama 
Polytechnic  Institute,  the  sum  of  thirty-two  thousand  dol- 
lars for  one  year  1907-1908,  thirty-six  thousand  dollars 
for  the  year  1908-1909,  thirty-eight  thousand  dollars  for 
the  year  1909-1910,  and  thereafter  forty  thousand  dollars 
annually  is  appropriated  to  said  institute  and  the  funds 
thus  appropriated  shall  be  paid  out  of  any  funds  in  the 
treasury  of  the  State  not  otherwise  appropriated,  which 
appropriation  shall  be  paid  on  the  requisition  of  the  pres- 
ident and  treasurer  of  said  institute,  upon  the  approval 
of  the  governor. 


102  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

ARTICLE  25. 

ALABAMA  GIRLS'  TECHNICAL  INSTITUTE. 

1912.  Corporate  name;  rights  and  powers  of. — "The 
Alabama  Girls'  Industrial  School"  heretofore  established 
at  Montevallo,  is  a  body  corporate  under  the  corporate 
name  of  "The  Alabama  Girls'  Technical  Institute"  and  by 
that  name  may  sue  and  contract,  take  and  hold  real  and 
personal  property,  and  have  all  the  powers  of  a  corpora- 
tion established  to  carry  on  a  State  educational  institution 
of  the  highest  grade  and  rank. 

1913.  Trustees;  term  of  office;  vacancy;  how  filled. — 
The  corporation  and  school  shall  be  governed  by  a  board 
of  trustees  composed  of  the  governor,  the  superintendent 
of  education,  one  trustee  from  every  congressional  dis- 
trict, and  two  trustees  from  the  State  at  large.  The  trus- 
tees from  the  odd  numbered  district  shall  hold  office  till 
the  first  Monday  after  the  second  Tuesday  in  January, 
1911,  and  till  their  successors  are  appointed  and  quali- 
fied, who  shall  hold  office  for  a  term  of  eight  years,  and 
till  their  successors  are  appointed  and  qualified. 

The  trustees  from  the  even  numbered  districts  and 
from  the  State  at  large  shall  hold  office  till  the  first  Mon- 
day after  the  second  Tuesday  in  January,  1915,  and  till 
their  successors  are  appointed  and  qualified,  who  shall 
hold  office  for  a  term  of  eight  years,  -and  till  their  suc- 
cessors are  appointed  and  qualified,  and  thereafter  the 
term  of  office  of  every  trustee  shall  be  eight  years. 

Whenever  a  vacancy  occurs  in  the  office  of  trustee, 
the  governor  shall  appoint  a  successor,  who  shall  hold 
office  till  the  next  meeting  of  the  Legislature,  when  the 
governor,  by  and  with  the  advice  and  consent  of  the  sen- 
ate, shall  appoint  a  trustee,  who  shall  hold  office  for  the 
unexpired  term. 

Upon  the  expiration  of  the  term  of  office  of  any  trustee 
the  governor  shall,  by  and  with  the  advice  and  consent  of 
the  senate,  appoint  a  successor. 

A  trustee  shall  be  ineligible  to  be  elected  to  any  office 
by  the  board  of  trustees. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA         103 

1914,  Purposes  for  which  school  established. — The 
school  is  established  for  the  purpose  of  giving  therein 
instruction  in  the  liberal  arts  and  sciences,  and  the  follow- 
ing academic  departments  are  established,  for  every  one 
of  which  a  professor  shall  be  selected  as  hereinafter  pro- 
vided, namely: 

1,  English — literature  and  expression ;  2,  mathematics ; 
3,  history  and  political  economy ;  4,  psychology  and  educa- 
tion ;  5,  ancient  languages ;  6,  modern  languages ;  7,  chem- 
istry and  geology ;  8,  physics  and  astronomy ;  9,  biology — 
botany,  floriculture,  and  horticulture. 

And  the  following  industrial  departments  are  estab- 
lished, for  every  one  of  which  a  director  shall  be  selected 
as  hereinafter  provided: 

1,  Art — drawing,  painting,  and  designing;  2,  vocal  mu- 
sic; 3,  instrumental  music;  4,  commercial — bookkeeping, 
stenography,  typewriting,  telegraphy;  5,  domestic  art — 
sewing,  millinery,  dress-making;  6,  domestic  economy — 
cooking,  chemistry  of  foods ;  7,  dairying ;  8,  physical  cul- 
ture ;  9,  manual  training. 

And  the  trustees  shall,  from  time  to  time,  establish  and 
maintain  departments  wherein  every  other  branch  of 
human  knowledge  or  industry  by  which  women  may  live 
shall  be  taught. 

The  trustees  may  leave  vacant  the  office  of  professor 
or  director  in  any  department,  as  the  best  interests  of  the 
school  may  require,  and  cause  instruction  to  be  given 
therein  by  some  competent  instructor  selected  as  the  pro- 
fessors and  directors  are  selected. 

The  president,  professors,  and  directors  shall  constitute 
the  faculty  of  the  school. 

1915.  Powers  to  confer  honorary  degrees;  diplomas, 
certificates,  etc. — The  trustees  of  the  school,  by  and  with 
the  advice  and  consent  of  the  president  and  faculty,  may 
confer  regular  and  honorary  degrees  upon  such  persons 
as  they  deem  worthy  thereof,  and  may  grant  and  confer 
degrees,  diplomas,  or  certificates  of  proficiency  or  distinc- 
tion upon  such  students  as  may  be  entitled  thereto  under 
the  laws  established  by  the  trustees  governing  this  sub- 
ject. 


104  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

1916.  President;  election  and  qualification  of. — The 
trustees  shall  elect  a  president  for  a  term  to  be  fixed  by 
them,  who  shall  not  be  removed  during  the  term  for 
which  he  is  elected,  except  for  just  cause,  which  shall  be 
explicitly  set  forth  in  writing  in  the  minutes  of  the  pro- 
ceedings of  the  trustees  and  approved  by  a  majority  of  all 
trustees.  No  person  shall  be  eligible  to  the  office  of  presi- 
dent unless  he  is  a  graduate  of  some  college  or  university 
of  well-known  high  standing,  an  educator  by  profession, 
of  good  moral  character,  and  possessing  good  business 
and  administrative  qualifications,  and  if  a  man,  must  be 
a  married  man.  The  trustees  shall  fix  the  salary  of  the 
president  before  electing  a  person  to  the  office,  and  shall 
not  decrease  the  amount  thereof  during  the  term  of  office 
without  the  consent  of  the  president. 

1917.  Departments;  professors  and  directors;  hoio 
chosen. — The  trustees  shall  establish  such  additional  de- 
partments, academic  and  industrial,  in  the  school  as  they 
deem  necessary  and  proper,  and  fix  the  salary  or  compen- 
sation to  be  paid  to  the  professors,  directors,  and  instruc- 
tors therein.  The  president  of  the  school  shall  by  and 
with  the  advice  and  consent  of  the  board  of  trustees,  ap- 
point all  the  professors,  directors,  and  instructors  of  all 
the  departments  of  the  school.  Whenever  a  nomination 
is  rejected  by  the  trustees  the  president,  if  he  so  desires, 
shall  have  reasonable  time  within  which  to  make  another 
nomination,  but  he  shall  not  have  the  power  to  nominate 
any  person  rejected  within  one  year  thereafter.  Should 
the  president  fail  or  refuse  to  nominate  any  one  to  be  a 
professor,  director,  or  instructor,  the  trustees  shall  elect 
such  professors,  directors,  and  instructors  as  they  deem 
necessary  or  proper. 

1918.  Secretary  of  trustees. — The  trustees  shall  elect 
a  secretary,  who  shall  hold  office  for  the  term  and  receive 
such  compensation  as  may  be  fixed  by  the  trustees,  and 
shall  perform  such  services  as  may  be  required  of  him. 

1919.  Treasurer;  election,  duties,  and  bond  of. — The 
trustees  shall  elect  a  treasurer,  who  shall  not  be  a  trustee, 
who  shall  receive,  hold,  and  pay  out  all  moneys  belonging 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  106 

to  the  school,  or  that  may  be  paid  in  for  the  necessary 
expenses  of  any  student  in  the  school,  or  for  her  use  and 
benefit,  and  the  treasurer  shall  hold  office  for  the  term  and 
receive  such  compensation  as  may  be  fixed  by  the  trus- 
tees. Before  entering  upon  his  duties,  the  treasurer  must 
give  bond  in  such  penalty  as  the  trustees  may  fix,  payable 
to  "The  Alabama  Girls'  Industrial  School,"  with  condi- 
tions that  he  will  faithfully  receive,  safely  keep,  and  law- 
fully pay  out,  and  promptly,  fully  and  fairly  account  for 
all  moneys  or  choses  in  action  which  may  come  to  him 
by  virtue  of  his  office,  and  the  trustees  may  require  a  new 
bond,  or  an  additional  bond,  whenever  they  judge  that  the 
interest  of  the  school  requires  it. 

1920.  Removal  of  treasurer. — Whenever  the  funds  in 
the  hands  of  the  treasurer,  or  about  to  be  received  by  him, 
are  in  danger  of  being  lost,  the  trustees  may  remove  the 
treasurer  from  office  and  take  from  him  all  funds  and 
choses  in  action  belonging  to  the  school  or  any  pupil 
therein,  and  may,  in  that  event,  appoint  a  temporary  cus- 
todian with  bond  or  security  to  hold  such  funds. 

1921.  Books  of  institution  kept;  must  be  open  to  in- 
spection.— The  secretary,  treasurer,  and  all  other  officers, 
agents,  or  servants  of  the  school  who  are  required  to 
keep,  use,  or  dispose  of  any  property  or  supplies  of  the 
school,  shall  keep  accounts  of  their  transactions  in  books 
to  be  furnished  them  by  the  trustees,  which  shall  at  all 
times  be  open  to  the  inspection  and  examination  of  the 
president,  the  trustees,  or  any  one  appointed  by  the  trus- 
tees thereto,  and  any  person  withholding  such  book  or 
books  belonging  to  the  school  from  the  inspection  of  any 
officer  entitled  to  examine  the  same,  shall  be  immediately 
removed  from  his  office  or  employment  by  the  president 
or  trustees. 

1922.  Pupils  admitted;  qualifications  of. — Any  white 
girl  residing  in  Alabama,  of  good  moral  character,  in 
good  health,  and  of  sufficient  physical  and  mental  develop- 
ment, to  be  judged  of  by  the  president,  and  over  the  age 
of  fifteen  years,  who  shall  comply  with  all  the  require- 
ments prescribed  by  the  trustees,  may  be  admitted  into 


106  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

the  school,  and  upon  completing  the  course  of  study  pre- 
scribed at  the  time  of  her  admission,  to  the  satisfaction 
of  the  faculty,  shall  receive  the  degree  and  diploma  or 
certificate  she  may  have  earned.  Whenever  the  accom- 
modations of  the  school  are  sufficient  to  admit  more  stu- 
dents than  apply  from  Alabama,  then  students  from  other 
states,  territories,  or  foreign  countries  may  be  received 
and  instructed  in  the  school  upon  such  terms  and  condi- 
tions as  may  be  imposed  by  the  trustees. 

1923.  Property  exempt  from  taxation. — The  property 
of  the  school,  of  every  kind  and  description,  shall  forever 
be  exempt  from  all  taxes,  municipal,  county,  or  state,  and 
from  all  local  assessments.  The  president,  and  all  other 
teachers  and  officers,  who  may  be  men,  are  exempt  from 
jury  duty  and  from  working  public  roads  or  streets ;  and 
the  salary,  wages,  or  compensation  of  all  officers,  teachers, 
and  servants  of  the  school  shall  be  exempt  from  the  proc- 
ess of  garnishment  or  attachment. 

1924.  Scholarships. — Every  trustee  of  the  school  shall 
have  the  right  to  appoint  one  student  possessing  the  quali- 
fications hereinbefore  prescribed,  who  shall  be  boarded 
and  instructed  in  the  school  free  of  all  charges  for  board, 
washing,  lights,  books,  and  incidental  fees,  but  a  student 
shall  not  be  eligible  to  appointment  for  more  than  four 
years,  nor  shall  any  girl  be  appointed  under  this  provi- 
sion who  is  able  to  pay  for  her  education,  or  whose  par- 
ents, or  either  of  them,  have  the  ability  to  pay  for  her 
education  in  the  school. 

1925.  Duties  of  students. — As  far  as  may  be  prac- 
ticable students  in  the  school  shall  be  employed  in  giving 
assistance  in  any  department  of  work  of  the  school  to 
enable  them  to  obtain  instruction  therein,  but  students 
shall  be  employed  only  in  cases  and  to  the  extent  that 
they  may  be  able  to  render  efficient  service  without  injury 
to  themselves  or  to  the  school. 

1926.  Rights  confirmed,  etc. — All  rights  of  property 
in  action  which  may  have  accrued  to  the  school  before  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  107 

adoption  of  this  Code  are  confirmed  and  preserved,  and 
no  grant  or  gift  of  any  valuable  thing  or  right  shall  fail 
by  reason  of  a  mistake  in  the  name  of  this  corporation  or 
school;  provided  the  intention  to  grant  or  give  to  this 
school  may  be  derived  from  the  words  used  in  designating 
the  benficiary  or  grantee.  All  rights,  powers,  and  reme- 
dies granted  in  and  by  an  act  to  create  and  establish  an 
industrial  school  in  the  State  of  Alabama  for  white  girls, 
approved  February  21,  1893,  and  any  act  amendatory 
thereof,  are  confirmed  and  preserved. 

1927.  Instruction  free. — Instruction  in  the  school  shall 
be  given  without  charge  to  all  pupils  admitted  who  are 
residents  of  this  State. 

1928.  Power  to  condemn  property. — Whenever  the 
school  needs  any  land  near  the  school  for  any  purpose 
of  the  school,  and  the  owner  theerof  is  a  minor  or  an 
insane  person,  or  refuses  to  sell  the  land  to  the  State  for 
the  use  of  the  school,  the  trustees  shall  have  authority 
to  institute  in  the  probate  court  of  Shelby  county  proceed- 
ings in  the  name  of  the  State  of  Alabama,  to  condemn 
such  land,  which  proceedings  shall  be  conducted  as  near 
as  may  be  possible  in  accordance  with  the  provisions  of 
sections  3860-3903  (1712-1742)  of  the  Code.  It  shall  be 
the  duty  of  the  trustees  to  pay  out  of  the  funds  of  the 
school  all  costs  of  every  condemnation  proceeding  insti- 
tuted by  them  under  the  power  hereby  conferred. 

1929.  Appropriation  for  girls'  industrial  school. — 
For  the  regular  maintenance  of  the  Alabama  Girls'  Indus- 
trial School  there  is  appropriated,  annually,  thirty-six 
thousand  dollars,  to  be  paid  in  quarterly  installments  of 
nine  thousand  dollars  to  the  treasurer  of  the  school  upon 
the  order  of  the  president  of  the  school. 

1930.  Title  to  and  sale  of  land  of  industrial  school  for 
girls. — The  title  to  all  lands  granted  by  the  Congress  of 
the  United  States  to  the  State  of  Alabama,  "for  use  of" 
said  industrial  school,  is  retained  until  the  trustees  of  the 
school  shall  sell  the  same,  which  sale  shall  be  made  only 
with  the  approval  of  the  governor,  and  when  any  sale 


108  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

shall  have  been  made,  the  governor,  upon  the  request  of 
the  trustees,  shall  convey  the  lands  sold  to  the  purchaser, 
and  all  the  proceeds  arising  from  the  sale  of  lands  shall 
be  paid  into  the  treasury  of  the  State  to  remain  forever 
as  a  fund  for  the  use  of  the  school,  and  upon  which  there 
shall  be  paid  to  the  school  interest  at  the  rate  of  six  per 
cent,  per  annum,  in  quarterly  installments. 

1931.  Deposits  of  proceeds  of  sales,  leases,  etc.,  of 
school  lands;  payment  of  expenses  of  selling,  etc. — The 
proceeds  of  all  lands  sold  or  leased  by  the  Alabama  Girls' 
Industrial  School  shall  be  paid  into  the  State  treasury, 
and  the  school,  out  of  the  money  appropriated  by  the 
State  for  the  maintenance  of  the  school,  shall  pay  all  the 
expenses  of  caring  for,  protecting,  and  selling  the  lands. 

1932.  Interest  on  land  fund  paid  quarterly. — On  the 
last  day  of  every  quarter  the  State  treasurer  shall  pay 
to  the  treasurer  of  the  Alabama  Girls'  Industrial  School, 
.upon  the  order  of  the  president  of  the  school,  interest  at 
the  rate  of  six  per  cent  per  annum  on  the  whole  amount 
of  the  fund  in  the  State  treasury  at  the  close  of  every 
quarter,  arising  from  the  sale  of  lands,  and  upon  every 
sum  paid  into  the  State  treasury  before  the  current  quar- 
ter upon  which  interest  has  never  been  paid ;  and  all  laws 
or  parts  of  laws  in  conflict  herewith  are  hereby  expressly 
repealed.  It  being  the  purpose  and  intent  of  the  State 
of  Alabama  to  execute  in  good  faith  the  trust  reposed  in 
it  by  Congress  when  granting  the  lands  to  the  State  for 
the  benefit  of  the  school,  and  to  preserve  the  proceeds 
arising  from  the  lease  or  sales  of  the  lands  of  the  school 
so  granted  by  Congress  as  a  fund  forever,  and  to  pay  the 
interest  thereon  for  the  support  and  maintenance  of  the 
school. 


.      ARTICLE  26. 
ALABAMA  INSTITUTE  FOR  THE  DEAF. 

1933.     (3698)     (1086)     (1311)     (1025)    Educational 
institutions  for  the  deaf  established. — There  is  estab- 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  10» 

lished  in  this  State  and  located  at  Talladega,  an  institution 
for  the  education  of  the  deaf,  called  the  Alabama  School 
for  the  Deaf. 

1934.  (3699)  (1087)  (1312)  (1026)  Incorporation 
of  such  institution. — The  governor,  the  superintendent  of 
education,  and  eleven  other  persons,  appointed  as  herein- 
after provided,  are  made  a  body  corporate,  with  the 
rights  of  succession  forever,  by  the  name  of  the  Alabama 
School  for  the  Deaf;  and  such  corporation  may  acquire 
and  hold  property;  real  and  personal,  by  gift,  devise,  or 
any  other  manner,  for  the  purpose  of  its  creation;  may 
sue  and  contract ;  may  have  and  use  a  common  seal ;  break 
or  alter  the  same  at  pleasure,  and  may  have  all  the  powers 
necessary  and  proper  to  accomplish  the  purposes  of  this 
article. 

1935.  (300)  (1088)  (1313)  (1027)  Eleven  trustees 
appointed  by  the  governor;  board  of  trustees. — Such 
board  of  trustees  shall  consist  of  the  governor,  the  super- 
intendent of  education,  and  eleven  other  persons,  who 
shall  be  appointed  by  the  governor  and  confirmed  by  the 
senate  at  the  meeting  of  the  Legislature  next  following- 
such  appointment,  and  if  any  appointment  by  the  gover- 
nor is  rejected  by  the  senate,  the  governor  must  again 
appoint  until  the  full  number  of  appointments  at  such 
time  is  complete;  and  in  case  of  a  vacancy  on  said  board 
by  death  or  resignation  of  a  member,  or  from  any  cause 
other  than  the  expiration  of  his  term  of  office,  the  gover- 
nor may  fill  the  vacancy  by  appointment,  which  shall  be 
good  until  the  next  meeting  of  the  Legislature,  and  until 
his  successor  is  duly  appointed  and  confirmed.  Each 
trustee  shall  hold  office  for  a  term  of  six  years.  The 
board  shall  consist  of  three  members  from  the  congres- 
sional district  in  which  the  school  is  located,  and  one 
from  each  of  the  other  congressional  districts  in  the 
State.  The  three  members  from  the  district  in  which 
the  school  is  located  shall  be  appointed  from  Talladega 
county.  The  board  shall  be  divided  into  three  classes. 
The  members  from  the  first,  second,  third,  and  one  mem- 
ber from  the  fourth  district,  shall  compose  the  first  class. 


110  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

The  members  from  the  fifth,  sixth,  and  one  member  from 
the  fourth  district,  shall  compose  the  second  class.  The 
members  from  the  seventh,  eighth,  ninth,  and  one  mem- 
ber from  the  fourth  district,  shall  compose  the  third  class. 
Successors  to  those  trustees  whose  terms  expire  in  1908 
shall  hold  office  until  1914;  successors  to  those  trustees 
whose  terms  expire  in  1910  shall  hold  office  until  1916; 
successors  to  those  trustees  whose  terms  expire  in  1912 
shall  hold  office  until  1918;  and  thereafter  their  succes- 
sors shall  hold  office  for  a  term  of  six  years;  and  the 
members  of  the  board  of  trustees,  as  now  constituted  and 
elected,  shall  hold  office  until  their  respective  terms  ex- 
pire under  existing  law ;  and  until  their  successors  are  ap- 
pointed and  confirmed  as  herein  required.  No  trustees 
shall  receive  any  pay  or  emolument  other  than  his  actual 
expenses  incurred  in  the  discharge  of  his  duties  as  such. 
These  eleven  persons,  and  the  governor  and  the  superin- 
tendent of  education,  constitute  a  board  of  trustees  who 
shall  have  entire  management  and  control  of  such  institu- 
tion. I 

1936.  (3701)  (1089)  (1314)  (1028)  Quorum  and 
meetings  of  board;  secretary  and  treasurer. — A  major- 
ity of  such  board  may  act,  and  may  meet  and  adjourn 
from  time  to  time  as,  in  their  judgment,  the  interest  of 
the  institution  may  require.  They  must  appoint  a  secre- 
tary and  keep  a  complete  record  of  all  their  proceedings 
in  a  well-bound  book ;  and  they  shall  also  appoint  a  treas- 
urer, who  shall  not  be  a  trustee,  who  shall  give  bond  in 
such  amount  as  the  board  may  determine,  and  with  such 
sureties  as  they  may  deem  sufficient,  for  the  faithful 
discharge  of  his  duties  as  such  treasurer ;  and  he  and  his 
sureties  shall  be  -responsible  for  all  funds  which  may 
come  into  his  hands  by  virtue  of  his  office. 

1937.  (3702)  (1090)  (1315)  (1029)  Duties  of 
treasurer. — The  treasurer  must  pay  over  such  funds  as 
may  come  into  his  hands  as  such  on  the  written  order  of 
the  principal  of  the  school,  countersigned  by  the  secre- 
tary and  recorded  in  the  minutes  or  records  of  the  pro- 
ceedings of  the  board,  kept  by  such  secretary,  and  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  111 

treasurer  shall  make  a  full  report  at  the  close  of  the  fiscal 
year,  and  oftener,  if  required  by  the  governor. 

1938.  (3703)  (1091)  (1316)  (1030)  President  of 
board;  teachers;  compensation  of  officers. — The  board 
must  appoint  from  their  number  a  president,  and  they 
must  also  appoint  a  principal  teacher  for  such  institution, 
who  may  nominate  to  the  board  such  other  assistants  in 
the  institution  as  he  may  think  necessary  for  its  success- 
ful management,  such  board  having  power  of  confirma- 
tion or  rejection.  The  board  must  fix  the  amount  of 
compensation  for  each  of  the  officers  and  teachers,  and 
the  time  of  payment. 

1939.  (3704)  (1094)  (1319)  (1032)  Object  of  the 
SCHOOL;  application  and  admission;  term  of  pupilage. — 
The  object  of  such  school  shall  be  to  afford  the  means 
of  education  to  the  deaf  of  the  State.  All  deaf  children 
of  the  State  between  the  ages  of  seven  and  twenty-one 
who  are  of  sound  mind,  free  from  disease,  and  of  good 
character,  may  be  admitted  to  the  benefits  of  this  school. 
All  applicants  must  make  satisfactory  proof  to  the  board 
of  trustees  that  they  are  citizens  of  the  State,  and  that 
they  are  proper  candidates  for  admission.  Proof  may  be 
made  by  the  applicant  in  person,  or  by  next  friend  or  by 
affidavit  of  any  person  cognizant  of  the  facts,  before  the 
probate  judge  or  notary  public.  The  length  of  time  which 
any  piipil  may  continue  in  school  shall  not  exceed  ten 
years.  Provided,  however,  that  the  board  of  trustees 
may  increase  the  term  of  a  pupil  from  year  to  year  upon 
recommendation  of  the  principal,  to  not  exceeding  four 
additional  years,  and  no  pupil  shall  be  retained  in  school 
after  having  passed  the  age  of  twenty-five.  No  pupil  shall 
be  retained  in  school  after  it  has  been  ascertained  that 
such  pupil  has  ceased  to  make  progress  or  is  not  being 
benefited.  Any  pupil  may  be  dropped  at  any  time  for 
cause  by  the  board  of  trustees. 

1940.  (3708)  (1098)  {1^2^)  Selection  and  powers  of 
executive  committee. — The  board  may  select  from  their 
number   an   executive   committee   of   three,    subject   to 


112  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

change  and  removal  by  the  majority  of  the  board  at  any 
time ;  and  such  committee  is  authorized  to  meet  and  trans- 
act any  business  that  may  be  transacted  by  a  majority 
of  the  board;  and  whatever  acts  such  committee  may  do 
shall  be  considered  as  done  by  the  whole  board. 

1941.  (3710)  Appropriations  for  each  pupil. — For 
the  maintenance  and  the  support  of  the  Alabama  School 
for  the  Deaf  the  sum  of  two  hundred  and  thirty-five  dol- 
lars per  pupil  is  hereby  annually  appropriated  out  of  any 
money  in  the  treasury  not  otherwise  appropriated,  such 
an  appropriation  to  be  based  upon  the  number  of  pupils 
enrolled  on  the  first  day  of  January  in  each  year,  and  to 
be  drawn  quarterly  in  advance  by  the  treasurer  of  the 
board,  and  disbursed  as  directed  by  them. 

1942.  (3711)  Property  to  be  insured  and  kept  in 
repair;  appropriation  therefor. — The  board  of  trustees 
must  provide  good  and  sufficient  insurance,  payable  to  the 
State  of  Alabama,  upon  the  property  of  the  State  and 
under  their  control,  and  keep  and  maintain  such  property 
in  good  repair;  and  for  these  purposes  there  is  annually 
appropriated  the  sum  of  three  thousand  dollars  ($3,000) 
to  be  drawn  as  appropriations  for  the  support  of  the 
institute  are  drawn.  Such  appropriation  shall  be  ex- 
pended only  for  the  purpose  herein  specified. 


ARTICLE  27. 
ALABAMA  ACADEMY  FOR  THE  BLIND. 

1943.  (3712)  Educational  institution  for  the  blind 
established. — There  is  established  in  this  State  and  lo- 
cated at  Talladega,  an  institution  for  the  education  of  the 
blind,  called  the  Alabama  School  for  the  Blind. 

1944.  (3713)  Control  and  management. — Such  insti- 
tuion  is  under  the  control  and  management  of  the  board 
of  trustees  of  the  Alabama  School  for  the  Deaf,  who  may 
prescribe  rules  and  regulations  for  the  conduct  of  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  1 13 

same.    The  principal  for  the  Alabama  School  for  the  Deaf 
is  the  chief  executive  officer. 

1945.  (3714)  Objects  of  school;  application  and  ad- 
mission; term  of  pupilage. — The  object  of  such  school 
shall  be  to  afford  means  of  education  to  the  blind  of  the 
State.  All  blind  children  of  the  State  between  the  ages 
of  seven  and  twenty-one  who  are  of  sound  mind,  free 
from  disease,  and  of  good  moral  character  may  be  ad- 
mitted to  the  benefits  of  this  school.  All  applicants  must 
make  satisfactory  proof  to  the  board  of  trustees  that  they 
are  citizens  of  the  State,  and  that  they  are  proper  candi- 
dates for  admission.  Proof  may  be  made  by  the  appli- 
cant in  person,  or  by  next  friend,  or  by  affidavit,  or  by 
affidavit  of  any  person  cognizant  of  the  facts,  before  a 
probate  judge  or  notary  public.  The  length  of  time  which 
any  pupil  may  continue  in  school  shall  not  exceed  ten 
years;  provided  the  board  of  trustees  may  increase  the 
term  of  any  pupil  from  year  to  year,  upon  the  recom- 
mendation of  the  principal,  to  not  exceeding  four  addi- 
tional years.  And  no  pupil  shall  be  retained  in  school 
after  having  passed  the  age  of  twenty-five.  No  pupil 
shall  be  retained  in  school  after  it  has  been  ascertained 
that  such  pupil  has  ceased  to  make  progress  or  not  being 
benefited.  Any  pupil  may  be  dropped  at  any  time  for 
cause  by  the  board  of  trustees. 

1946.  (3716)  Appropriations  for  each  pupil. — For 
the  maintenance  and  support  of  the  Alabama  School  for 
the  Blind  the  sum  of  two  hundred  and  fifty  dollars  per 
pupil  is  hereby  annually  appropriated,  such  appropria- 
tion to  be  based  upon  the  number  of  pupils  enrolled  on 
the  first  day  of  January  of  each  year,  and  to  be  drawn 
quarterly  in  advance  by  the  treasurer  of  the  board,  and 
disbursed  as  directed  by  them. 

1947.  (3717.  Officers  and  teachers. — All  officers  and 
teachers  of  such  institution  must  be  appointed,  and  the 
salaries  fixed  and  paid  in  like  manner  as  the  officers  and 
teachers  of  the  Alabama  School  for  the  Deaf  are  ap- 
pointed and  their  salaries  are  fixed  and  paid. 


114  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

1948.  (3719)  Laws  relating  to  the  Alabama  School 
for  the  Deaf  applicable. — All  laws  now  in  force  or  here- 
after enacted  relating  to  the  admission  of  pupils  and  the 
management  and  control  of  the  Alabama  School  for  the 
Deaf  are  applicable  to  the  Alabama  School  for  the  Blind, 
except  so  far  as  such  laws  may  be  inconsistent  with  the 
provisions  of  this  article. 


ARTICLE  28. 
ALABAMA  SCHOOL  FOR  NEGRO  DEAF  MUTES  AND  BLIND. 

1949.  (3720)  Educational  institutions  for  negro  deaf 
and  blind  established. — There  is  established  in  this  State 
and  located  at  Talladega,  an  institution  for  the  education 
of  negro  deaf  and  blind,  called  the  Alabama  School  for 
Negro  Deaf  and  Blind. 

1950.  (3721)  Control  and  management. — Such  insti- 
tution is  ander  the  control  and  management  of  the  board 
of  trustees  of  the  Alabama  School  for  the  Deaf,  who  may 
prescribe  rules  and  regulations  for  the  conduct  of  the 
same.  The  principal  of  the  Alabama  School  for  the  Deaf 
is  the  chief  executive  officer. 

1951.  (3723)  Object  of  school;  application  and  ad- 
mission; term  of  pupilage. — The  object  of  such  school 
shall  be  to  afford  the  means  of  education  to  the  negro 
deaf  and  blind  of  the  State.  All  negro  deaf  and  blind 
children  between  the  ages  of  seven  and  twenty-one  who 
are  of  sound  mind,  free  from  disease,  and  of  good  char- 
acter may  be  admitted  to  the  benefits  of  the  school.  All 
applicants  must  make  satisfactory  proof  to  the  board  of 
trustees  that  they  are  citizens  of  the  State,  and  that  they 
are  proper  candidates  for  admission.  Proof  may  be 
made  by  the  applicant  in  person,  or  by  next  friend,  or 
by  affidavit  of  any  person  cognizant  of  the  facts,  before 
a  probate  judge  or  notary  public.  The  length  of  time 
which  any  pupil  may  continue  in  school  shall  not  exceed 
ten  years;  provided,  the  board  of  trustees  may  increase 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA         115 

the  term  of  a  pupil  from  year  to  year,  upon  the  recom- 
mendation of  the  principal,  to  not  exceeding  four  addi- 
tional years.  No  pupil  shall  be  retained  in  school  after 
having  passed  the  age  of  twenty-five.  No  pupil  shall  be 
retained  in  school  after  it  has  been  ascertained  that  such 
pupil  has  ceased  to  make  progress,  or  is  not  being  bene- 
fited. Any  pupil  may  be  dropped  at  any  time  for  cause 
by  the  board  of  trustees. 

1952.  (3725)  Appropriations  for  each  pupil. — For 
the  miantenance  and  support  of  the  Alabama  School  for 
Negro  Deaf  and  Blind  the  sum  of  two  hundred  and  thirty 
dollars  per  pupil  is  hereby  annually  appropriated,  such 
an  appropriation  to  be  based  upon  the  number  of  pupils 
enrolled  on  the  first  day  of  January  in  each  year,  and  to 
be  drawn  quarterly  in  advance  by  the  treasurer  of  the 
board,  and  disbursed  as  directed  by  them. 

1953.  (3726)  Laws  relating  to  the  Alabama  School 
for  the  Deaf  applicable. — All  laws  now  in  force  or  here- 
after enacted  relating  to  the  admission  of  pupils  and 
the  management  and  control  of  the  Alabama  School  for 
the  Deaf,  are  applicable  to  the  Alabama  School  for  Negro 
Deaf  and  Blind,  except  so  far  as  such  laws  may  be  incon- 
sistent with  the  provisions  of  this  article. 


ARTICLE  29. 

REFORMATORY  AND  INDUSTRIAL  SCHOOL. 

1954.  Corporate  name;  rights  and  powers. — There  is 
established  a  reformatory  and  industrial  school,  under 
the  name  and  style  of  the  "Alabama  Industrial  School," 
which  is  a  body  corporate,  and,  as  such,  shall  have  per- 
petual succession,  may  sue,  and  may  have  and  use  a 
common  seal,  which  it  may  change  or  alter  at  its  pleasure, 
and  may  acquire  by  purchase,  or  by  condemnation  pro- 
ceedings in  the  probate  court  of  Jefferson  county,  in  the 
name  of  the  State  of  Alabama,  such  property,  real  and 
personal,  as  may  be  necessary  or  proper  for  its  purposes. 


116  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

and  may  have  and  exercise  all  such  powers  and  privileges 
as  may  be  necessary  or  proper  for  carrying  out  the  pur- 
poses of  its  organization,  as  herein  declared. 

1955.  Dnectors  nominated  by  governor;  term  of  of- 
fice.— The  business,  property,  and  affairs  of  the  corpora- 
tion shall  be  under  the  management  and  control  of  a 
board  of  directors,  which  shall  consist  of  seven  ladies 
and  the  governor,  the  commissioner  of  agriculture  and 
industries,  and  the  attorney-general  of  the  State,  who 
shall  be  ex  officio  directors.  The  ladies  constituting  the 
first  board  of  directors  shall  be  nominated  by  the  governor 
and  confirmed  by  the  senate,  and  those  thus  nominated 
and  confirmed  shall  hold,  two  for  two  years,  two  for  four 
years,  and  three  for  six  years;  those  holding  for  these 
respective  terms  to  be  designated  by  the  governor  in  mak- 
ing nominations  therefor  to  the  senate.  Thereafter  the 
lady  members  of  said  board  shall  be  elected  by  the  con- 
tinuing members  thereof  at  the  expiration  of  their  respec- 
tive terms ;  and  all  vacancies  caused  by  death,  resignation, 
or  otherwise,  shall  be  filled  by  the  board.  The  term  of 
office  of  each  member  of  the  board,  after  the  expiration 
of  the  first  term,  shall  be  for  six  years. 

1956.  Officers,  agents,  and  employees. — The  board  of 
directors  shall  elect  a  president,  vice-president,  secretary, 
and  treasurer,  and  such  other  officers,  agents,  and  em- 
ployees as  to  them  shall  seem  necessary  or  expedient, 
whose  term  of  office  of  employment  shall  be  for  such  time 
as  the  board  may  prescribe;  and  the  board  may  remove 
any  such  officer,  agent  or  employee  at  any  time,  with 
or  without  cause.  The  board  may  also  fill  all  vacancies 
occurring  in  any  such  offices. 

1957.  By-laws. — The  board  of  directors  may  make 
such  by-laws,  rules,  and  regulations,  not  inconsistent  with 
the  laws  of  this  State,  as  shall  be  necessary  or  expedient 
for  the  government  and  management  of  said  institution, 
and  of  its  officers,  agents,  and  employees,  with  power  ta 
alter,  modify,  change,  or  repeal  the  same. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  •  117 

1958.  Meetings  of  the  board. — The  board  shall  meet 
annually,  at  such  time  and  at  such  place  as  may  be  pre- 
scribed by  the  by-laws;  and  special  meetings  may  be 
held  at  the  call  of  the  president,  or  of  the  governor,  or 
of  a  majority  of  the  lady  directors,  upon  such  notice  as 
may  be  prescribed  by  the  by-laws. 

1959.  White  children  bettveen  ages  of  six  and  eighteen 
provided  for. — Said  school  shall  receive,  care,  and  pro- 
vide for  the  welfare  of  white  boys  between  the  ages  of 
six  and  eighteen,  who,  by  their  course  of  conduct  or 
surroundings,  are  likely  to  become  base  or  criminal,  or 
hurtful  to  the  State  or  the  best  interests  of  society,  to 
be  committed  to  the  keeping  of  said  school  under  the  pro- 
visions of  this  article,  or  who  may  be  voluntarily  com- 
mitted to  its  keeping  by  the  parent  or  parents,  or  person 
having  them  in  charge,  or  who,  having  no  parent,  guard- 
ian, or  other  person  to  care  for  them,  voluntarily  commit 
themselves  to  its  keeping. 

1960.  Commitment  of  children  to  reformatory. — Any 
justice  of  the  Supreme  Court,  chancellor,  judge  of  pro- 
bate, circuit  judge  or  judge  of  any  city  or  criminal  court 
of  this  State  may  cause  to  be  brought  before  him,  upon 
his  own  motion,  or  the  sworn  complaint  of  another,  any 
white  boy  between  the  ages  of  six  and  eighteen  years, 
who  may  come  within  any  of  the  following  descriptions, 
to-wit:  Any  white  boy  who  is  begging,  or  anyone  who 
is  offering  for  sale  or  selling  anything  as  mere  cover  for 
begging.  Any  who  have  been  abandoned  by  their  parents, 
or  who  have  abandoned  their  parents  and  homes,  and 
have  no  visible  means  of  support.  Any  who  do  not  at- 
tend the  public  schools,  and  idle  away  their  time  in  the 
streets,  without  any  actual  occupation  or  means  of  sup- 
port. Any  who  are  orphans,  and  have  no  sufficient  or 
proper  guardian  to  care  for  their  physical,  moral,  and 
mental  welfare,  to  insure  the  child  against  pauperism  and 
crime.  Any  who  may  be  found  destitute,  or  whose  par- 
ents are  both  drunkards,  or  whose  mother  is  a  drunkard, 
lewd,  or  in  prison;  and  such  child  is  not  supported  and 
controlled.  Any  who  shall  have  been  arrested  and  brought 


118  .  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

before  police  courts  repeatedly  for  petty  offenses,  and 
shall  appear  to  be  beyond  control  of  parents.  And  upon 
any  such  child  being  brought  before  him,  such  judge  shall 
proceed,  at  such  time  as  he  may  appoint,  to  investigate 
the  condition  and  surroundings  of  such  child,  and  upon 
such  investigation,  if  he  shall  be  satisfied  that  the  child 
comes  within  any  one  of  said  descriptions,  and  that  it 
would  be  for  the  interest  of  such  child  that  he  or  she  be 
committed  to  said  institution,  he  will  make  an  order  to 
that  effect  and  commit  the  child  to  said  institution,  to  be 
held  and  provided  for  under  its  rules  and  regulations.  At 
any  such  investigation,  the  judge  holding  the  same  shall 
allow  any  one  to  appear  for  the  child  and  resist  such  com- 
mitment ;  and  he  shall  not  make  any  such  commitment  if 
the  parent,  guardian,  or  a  person  who  is  related  to  the 
child  within  the  fourth  degree,  and  sufficiently  qualified 
in  his  opinion  to  take  care  of  and  provide  for  the  child, 
will  appear  and  agree  in  writing  to  take  care  of  and 
provide  for  the  child  until  he  shall  arrive  at  the  age  of 
sixteen  years. 

1961.  Appeals  from  decision  committing  child. — Any 
child  brought  before  any  judge  for  such  commitment,  or 
any  person  for  such  child,  may  within  five  days,  appeal 
from  the  decision  of  the  judge  committing  him,  to  the 
circuit  or  city  court  held  in  the  county  in  which  such 
investigation  is  had,  upon  giving  bond,  with  sufficient 
sureties,  to  be  approved  by  the  judge,  and  in  such  sum 
as  may  be  fixed  by  him,  to  have  the  child  forthcoming 
when  the  appeal  is  heard ;  and  if  the  appeal  be  taken  by 
any  person  for  the  child,  the  bond  shall  further  provide 
for  the  maintenance  of  the  child  until  said  appeal  is  dis- 
posed of.  If,  upon  hearing  of  the  appeal,  the  decision  of 
the  judge  causing  the  commitment  is  sustained,  the  child 
shall  be  committed  by  the  court  to  said  institution ;  but  if 
that  decision  is  not  sustained,  the  child  shall  be  dis- 
charged. And  the  judge  before  whom  such  investigation 
is  made,  or  to  be  made,  may  issue  all  process  that  may  be 
necessary  to  have  the  child  brought  before  him,  or  for 
commitment;  and  such  process  shall  be  executed  by  the 
sheriff  of  the  county. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  119 

1962.  Time  children  shall  be  kept  in  reformatory. — 
Any  child  committed  to  said  institution  under  the  provi- 
sions of  this  article  shall  be  kept  therein  until  he  arrives 
at  the  age  of  twenty-one  years,  unless  sooner  dismissed 
therefrom  by  the  order  of  the  board  of  directors,  or  in 
pursuance  of  any  by-laws  of  the  institution,  or  by  order 
of  the  governor  of  the  State. 

1963.  Reports  to  Legislature. — The  ex  officio  mem- 
bers of  the  board  shall  at  least  once  a  year  visit  the  insti- 
tution and  examine  into  its  management  and  condition; 
and  at  each  session  of  the  Legislature  they  shall  make  to 
that  body  a  report  touching  the  institution  and  its  man- 
agement and  condition. 

1964.  Criminal  children  sentenced  to  school. — When 
any  white  boy  between  the  ages  of  seven  and  sixteen 
years  shall  have  been  tried  and  convicted  of  any  crime 
punishable  by  imprisonment  in  the  penitentiary,  or  in 
jail,  or  by  hard  labor  for  the  county,  before  any  court  of 
this  State,  the  court  may,  if  of  the  opinion  that  the  inter- 
ests of  the  child  would  thereby  be  promoted,  sentence 
such  child  to  commitment  to  said  school,  in  lieu  of  such 
imprisonment,  or  hard  labor  for  the  county. 

1965.  May  receive  children  without  authority  of  court. 
— Said  institution  may,  in  its  discretion,  receive  any  child 
placed  in  its  care  and  keeping  by  its  parent  or  parents, 
without  the  authority  of  any  court,  and  may  keep  said 
child  until  it  is  twenty-one  years  of  age;  but  this  shall 
not  be  done  without  first  making  provisions  for.  the  main- 
tenance of  said  child  under  the  rules  and  regulations  of 
said  institution. 

1966.  Exclusive  custody  of  children  who  are  commit- 
ted.— From  the  time  of  the  lawful  reception  of  any  child 
into  the  institution,  and  during  its  stay,  said  institution 
shall  have  the  exclusive  care,  custody,  and  control  of  the 
child,  under  such  rules  and  regulations  as  the  board  of 
directors  may  provide. 


120  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

19674  Instructions  given  children  committed. — The 
officers  of  said  school  shall  receive  and  take  into  it  all 
children  committed  thereto  by  competent  authority,  or 
received  therein  as  aforesaid,  and  shall  cause  all  children 
in  the  school  to  be  instructed  in  such  branches  of  useful 
knowledge  as  may  be  suited  to  their  years  and  capacities. 
The  boys  shall  be  taught  such  useful  trades  as  the  board 
may  direct,  and  they  shall  be  taught  according  to  the 
course  of  the  public  schools  of  the  State. 

1968.  Treasurer  of  school;  bond  of. — The  treasurer 
of  the  school  shall,  before  entering  upon  the  discharge 
of  the  duties  of  office,  execute  bond,  payable  to  the  "Ala- 
bama Industrial  School,"  with  good  and  sufficient  sure- 
ties, and  in  such  sum  as  the  board  of  directors  may  pre- 
scribe, and  with  condition  to  faithfully  discharge  the 
duties  of  his  office. 

1969.  Detention  and  keeping  of  children;  authority 
for. — Any  commitment  under  this  article,  whether  by 
judge,  court,  or  parent,  or  other  person  having  in  charge 
the  child,  shall  be  full,  sufficient,  and  competent  authority 
to  the  officers  and  agents  of  said  school  for  the  detention 
and  keeping  therein  of  the  child  so  committed. 

1970.  Convict  children  separated  from  others. — Pro- 
vision shall  be  made  for  the  care  of  convict  children,  sepa- 
rate and  apart  from  the  other  children,  so  far  as  the  same 
can  be  done  with  the  means  at  hand. 


ARTICLE  30. 

PREPARATORY  SCHOOL  FOR  MINES  AND  MINING. 

1971.  Incorporation  and  name. — J.  J.  Mayfield,  E.  N. 
C.  Snow,  Hugh  Morrow,  T.  H.  Aldrich,  H.  W.  DeBardele- 
ben,  J.  Collier  Foster,  and  S.  Friedman,  and  their  succes- 
sors in  office,  are  a  body  corporate,  to  be  known  and 
styled  "A  preparatory  school  for  mines  and  mining  for 
the  State  of  Alabama,"  for  the  purpose  of  preparing 
white  children  of  Alabama  for  the  study  and  pursuit  of 
the  science  and  art  of  mining. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  121 

1972.  Location  and  powers  of. — The  situs  and  place 
of  business  of  said  corporation  shall  be  at  Tuscaloosa, 
Alabama ;  said  corporation  may  own,  possess,  and  receive 
by  gift,  purchase,  gi'ant,  or  devise,  or  in  any  other  man- 
ner, real  and  personal  property,  so  long  as  the  same 
have  all  other  powers  necessary  to  carry  into  effect  and 
operation  the  objects  and  purposes  for  which  the  corpora- 
tion is  established,  or  which  have  been  heretofore  granted 
by  the  State  to  other  educational  institutions  may  be  used 
for  the  school  purposes,  or  in  any  wise  contributing  to 
the  maintenance  or  preparing  and  instructing  the  white 
children  of  the  State  in  the  arts  and  sciences  of  mining. 
And  the  said  corporation  may  dispose  of  said  property 
by  sale,  grant,  or  otherwise,  and  shall  have  all  other  pow- 
ers necessary  to  carry  into  effect  and  operation  the  objects 
and  purposes  for  which  the  corporation  is  established, 
or  which  have  been  heretofore  granted  by  the  State  to 
other  educational  institutions  not  inconsistent  with  the 
provisions  of  this  article. 

1973.  Faculty;  election  and  term  of  office. — The  trus- 
tees of  said  corporation  shall  elect  the  professors  and 
teachers  in  said  school,  and  fix  their  salaries  and  terms 
of  office,  who  shall  constitute  the  faculty  of  said  school, 
which  shall  institute  and  prescribe  a  course  of  studies 
to  be  pursued  in  said  school,  and  the  said  faculty  so  con- 
stituted may  issue  certificates  of  proficiency  to  the  stu- 
dents in  said  school.  A  majority  of  the  trustees  hereto- 
fore appointed  shall  constitute  a  quorum  for  the  transac- 
tion of  all  business  in  behalf  of  this  corporation. 

1974.  Trustees;  classification  and  terms  of  office. — 
The  trustees  hereinbefore  appointed  and  named  shall  be 
divided  into  five  classes,  viz. :  Classes  one,  two,  three, 
four,  five  and  each  class  shall  hold  office  respectively  for 
the  terms  of  one,  two,  three,  four,  and  five  years  each, 
classification  to  be  determined  in  the  order  in  which  they 
are  named  in  the  first  section  of  this  article ;  at  the  expira- 
tion of  the  respective  terms  of  each  of  said  trustees  his 
successor  shall  be  elected  by  a  majority  of  the  other 
trustees;  provided,  that  after  the  expiration  of  the  term 


122  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

of  the  trustees  herein  named,  in  the  manner  herein  pro- 
vided, the  term  of  office  as  to  all  successors  shall  be  for 
five  years,  and  until  their  successors  are  elected  and  quali- 
fied. 


No.  629.)  AN  ACT  (S.  171. 

To  amend  article  31,  chapter  41,  of  the  Code  of  Ala- 
bama, 1907. 
Be  it  enacted  by  the  Legislature  of  Alabama: 
That  article  thirty-one  (31)  of  chapter  forty-one  (41) 
of  the  Code  of  Alabama  of  1907  be  and  the  same  is  hereby 
amended  so  as  to  read  as  follows : 

1.  That  the  sum  of  $134,000  shall  be  appropriated  an- 
nually for  the  purpose  of  aiding  in  the  erection,  repair 
and  equipment  of  rural  schoolhouses  in  this  State  from 
any  funds  in  the  treasury  not  otherwise  expended,  pro- 
vided however  that  $67,000  of  the  above  appropriation 
shall  act  so  as  to  decrease  the  amount  that  may  be  appro- 
priated to  the  general  educational  fund  to  that  extent, 
and  provided  further  that  not  more  than  $2,000  of  this 
annual  appropriation  shall  be  used  or  paid  out  in  any  one 
county  of  this  State  in  one  fiscal  year  except  the  fund 
arising  from  unexpended  balances  as  hereinafter  pro- 
vided. 

2.  That  three  or  more  citizens  of  any  rural  community 
or  of  any  incorporated  town  in  this  State  under  the  con- 
trol of  the  county  board  of  education,  where  it  is  pro- 
posed to  erect  a  school  building  according  to  plans  fur- 
nished by  the  State  department  of  education  or  to  repair 
or  to  equip  a  school  building  according  to  plans  approved 
by  the  State  department  of  education,  shall  be  eligible 
to  make  application  to  the  county  board  of  education  for 
aid  subject  to  the  following  conditions: 

The  application  shall  show  that  bona  fide  donations  of 
at  least  twice  the  amount  for  which  aid  is  asked  have  al- 
ready been  secured,  and  the  application  shall  also  con- 
tain a  description  of  the  plot  of  land  upon  which  the 
public  school  building  for  which  aid  is  sought  is  located 
or  is  to  be  erected.     The  maximum  amount  for  which 


PUBLIC  SCHOOL  LAWS  OF  ALABAMT^  123 

application  is  made  for  the  erection  of  a  school  building 
shall  not  exceed  four  hundred  dollars  for  a  school  build- 
ing with  one  class  room,  six  hundred  fifty  dollars  for  a 
school  building  with  two  class  rooms,  nine  hundred  dol- 
lars for  a  school  building  with  three  class  rooms,  twelve 
hundred  dollars  for  a  school  building  with  four  class 
rooms,  and  fifteen  hundred  dollars  for  a  school  building 
with  five  or  more  class  rooms.  In  the  granting  of  aid 
in  the  erection  of  buildings  under  provisions  of  this  sec- 
tion, the  class  room  shall  not  be  interpreted  to  include 
auditorium  or  work  room  but  additional  aid  in  the  sum 
of  three  hundred  dollars  over  and  above  the  maximum 
amount  specified  for  each  type  of  building  enumerated 
above,  shall  be  available  under  the  same  conditions  for 
the  erection  of  an  auditorium,  and  a  further  like  amount 
shall  be  available  for  the  erection  of  one  work  room  of 
standard  size.  The  maximum  amount  for  which  applica- 
tion is  made  for  the  repair  or  equipment  of  a  school 
building  shall  not  exceed  four  hundred  dollars,  provided 
that  no  application  for  repair  or  equipment  for  less  than 
fifty  dollars  shall  be  considered.  It  shall  be  stipulated  in 
each  application  that  separate  toilets  for  boys  and  girls 
to  conform  to  standards  set  up  by  the  State  Board  of 
Health  will  be  erected. 

Sec.  3.  That  the  county  board  of  education  shall  con- 
sider all  applications  filed,  shall  approve  such  as  seem 
most  worthy  under  such  regulations,  as  may  be  prescribed 
by  the  State  superintendent  of  education,  and  shall  keep 
a  record  of  the  proceedings  showing  the  application  ap- 
proved by  the  board,  the  amount  of  the  bona  fide  dona- 
tions and  the  amount  which  the  board  recommends  to  be 
given  to  any  school.  The  county  board  of  education  shall 
certify  to  the  State  superintendent  of  education  the 
amount  of  donations  which  have  been  paid  over  to  the 
county  treasurer  of  public  s.chool  funds ;  and  that  a  deed 
in  fee  simple  to  not  less  than  two  acres  of  land,  if  for 
the  repair  or  equipment  of  any  school  building  or  for 
the  erection  of  a  school  building  with  not  more  than  two 
class  rooms,  and  of  not  less  than  five  acres  of  land  for  a 
school  building  containing  three  or  more  class  rooms  has 
been  executed  to  the  State  of  Alabama,  provided  thai 


124  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

when  application  is  made  for  the  repair  or  equipment  of 
any  building  the  title  to  the  property  may  be  vested  in  the 
county  board  of  education.  The  said  certificate  shall  show 
the  amount  of  money  recommended  to  be  given  to  the 
school;  provided,  that  the  deed  or  deeds  conveying  the 
title  to  the  property  shall  accompany  the  certification 
made  to  the  State  superintendent  of  education  and  shall 
remain  on  file  in  his  office. 

4.  That  before  approving  any  application  for  aid  which 
has  been  properly  certified  to  him  the  State  superin- 
tendent of  education  shall  satisfy  himself  that  the  condi- 
tions of  this  act  have  been  fully  complied  with.  If  he 
approves  the  application  as  certified  to  him  by  the  county 
board  of  education  he  shall  request  the  State  auditor  to 
draw  his  warrant  on  the  State  treasurer  for  the  amount 
for  which  the  application  is  approved.  The  State  auditor 
shall  draw  his  warrant  on  the  State  treasurer  for  the 
amount  of  money  to  be  given  to  the  school  as  shown  by 
the  requisition  of  the  State  superintendent,  making  the 
warrant  payable  to  the  county  treasurer  of  public  school 
funds  of  the  county  wherein  the  school  is  located  and 
shall  indicate  therein  for  the  benefit  of  what  public  school 
the  same  is  issued.  The  warrant  shall  be  delivered  to 
the  State  superintendent  of  education  who  shall  forward 
the  same  to  the  county  treasurer  of  public  school  funds 
of  the  county  wherein  the  school  receiving  the  aid  is 
located  and  shall  also  notify  the  county  board  of  education 
of  that  fact,  provided,  that  all  persons  receiving  any  war- 
rant or  the  proceeds  thereof  issued  under  this  act  shall 
issue  a  receipt  to  the  person  from  whom  he  receives  the 
same. 

5.  That  the  erection,  repair,  and  equipment  of  any 
school  building  under  the  provisions  of  this  act  shall  be 
under  the  direction  and  control  of  the  county  board  of 
education.  To  this  end  the  board  shall  authorize  all  con- 
tracts and  shall  order  the  county  treasurer  of  public 
school  funds  to  make  payment  of  the  amount  due  under 
any  contract,  provided,  that  not  more  than  two-thirds  of 
the  total  amount  for  the  erection,  repair,  or  equipment  of 
any  school  building,  including  the  donations  and  the 
amount  received  from  the  State,  shall  be  paid  out  until 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  125 

the  inspection  required  under  section  6  of  this  act  has 
been  made  and  approval  certified  to  the  county  treasurer 
of  public  school  funds  and  to  the  county  board  of  educa- 
tion ;  and  provided  further,  that  the  State  warrant,  issued 
under  the  provisions  of  this  act,  shall  not  be  cashed  until 
inspection  has  been  made  and  approval  certified  by  the 
State  superintendent  of  education. 

6.  That  whenever  the  county  board  of  education  shall 
certify  to  the  State  superintendent  of  education  that  the 
school  building  for  which  State  aid  is  appropriated  is 
completed  and  all  equipment  is  in  place  or  repairs  made 
and  that  all  indebtedness  on  the  school  building,  equip- 
ment or  repairs  has  been  paid  except  such  an  amount  as 
will  be  satisfied  by  the  funds  remaining  in  the  hands  of 
the  county  treasurer  of  public  school  funds,  the  State 
superintendent  of  education  shall  inspect  or  delegate  some 
one  to  inspect  the  work  done  and  equipment  installed, 
and  if  such  meets  all  requirements  of  the  provisions  under 
which  State  aid  was  granted,  he  shall  authorize  the 
county  treasurer  of  public  school  funds  in  writing  to  pay 
out  the  remainder  of  the  funds  upon  the  order  of  the 
county  board  of  education. 

7.  The  State  superintendent  of  education  shall  open  an 
account  with  each  county  in  the  State  in  a  book  kept 
by  him  for  that  purpose  and  shall  charge  against  the 
county  the  amount  of  each  warrant  issued  under  this  act 
for  the  benefit  of  the  public  schools  of  such  county ;  pro- 
vided, that  any  warrant  not  cashed  by  the  county  treas- 
urer of  public  school  funds  by  reason  of  failure  to  comply 
with  the  requirements  of  this  act  shall,  after  the  lapse 
of  twelve  months  from  the  issuance  of  the  same,  be  by 
him  returned  to  the  State  superintendent  of  education, 
who  shall  mark  the  same  "cancelled"  and  shall  also  make 
in  the  book  kept  by  him  in  accordance  with  the  preceding 
section  a  credit  entry  in  favor  of  the  county  for  which 
the  warrant  was  originally  drawn  for  the  amount  of  any 
warrant  so  cancelled. 

8.  That  the  unexpended  balance,  as  shown  by  the 
book  kept  by  the  State  superintendent  of  education  which 
have  accrued  to  the  several  counties  of  the  State  from  the 


126  PUBWC  SCHOOL  LAWS  OF  ALABAMA 

rural  schoolhouse  fund  provided  in  sections  1975  and 
1993,  inclusive,  of  article  31  of  the  Code  of  Alabama  of 
1907,  shall  upon  the  first  day  of  October,  1915,  be  reappor- 
tioned equally  to  the  several  counties  of  the  State,  and 
thereafter  the  unexpended  balances,  as  shown  by  the 
books  kept  by  the  State  superintendent  of  education  in 
accordance  with  section  7  of  this  act,  at  the  end  of  each 
and  every  fiscal  year  shall  be  reapportioned  equally 
among  all  the  counties  of  the  State  in  addition  to  the 
regular  annual  appropriation  of  $2,000;  provided,  that 
the  State  superintendent  of  education  shall  on  the  first 
day  of  October,  or  as  early  thereafter  as  practicable, 
make  the  apportionment  herein  required  and  certify  the 
same  to  the  State  auditor,  and  provided  further,  that  be- 
fore making  the  reapportionment  herein  provided  for, 
the  State  superintendent  of  education  may  set  aside  from 
the  unexpended  balances  of  the  preceding  year  such  an 
amount  as  may  be  deemed  to  be  necessary  to  procure  ex- 
pert assistance  in  the  drawing  of  plans,  in  the  prepara- 
tion of  estimates  or  bills  of  material,  in  the  inspection  of 
buildings,  and  for  such  other  expenses  incident  thereto 
as  are  deemed  necessary  to  make  this  act  effective.  The 
State  superintendent  shall  also  certify  the  amount  so  set 
aside  to  the  State  auditor  and  in  paying  out  any  part  of 
the  amount  so  set  aside,  he  shall  make  requisition  upon 
the  State  auditor  who  shall  draw  his  warrant  upon  the 
State  treasurer  for  the  amount  for  which  requisition  has 
been  made  in  keeping  with  this  provision,  provided  that 
the  unexpended  balance  from  the  amount  so  set  aside 
shall  be  treated  as  other  unexpended  balances  for  the  pur- 
pose of  reapportionment  at  the  end  of  each  fiscal  year. 

9.  That  any  person  or  persons  who  shall  knowingly 
use  or  apply,  or  authorize  the  use  or  application  of  the 
proceeds  or  any  part  thereof  any  funds  authorized  under 
this  act  for  any  purpose  or  purposes  other  than  as  re- 
quired by  said  act  shall  be  guilty  of  a  misdemeanor  and 
on  conviction  shall  be  fined  not  less  than  $200  nor  more 
than  $1,000  and  may  also  be  sentenced  to  hard  labor  for 
the  county  for  not  more  than  twelve  months. 

10.  That  this  act  shall  become  effective  the  first  day 
of  October,  1915,  and  all  laws  or  parts  of  laws  in  conflict 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  127 

with  the  provisions  of  the  same  be  and  are  hereby  re- 
pealed. 

Note. — Sections  2,  3  and  8  of  above  bill,  approved  September  22, 
1915,  amended  by  H.  B.  268,  approved  February  17,  1919. 

PROCEEDINGS  FOR  AND  AGAINST  COUNTY  SUPERINTENDENTS 
OF  EDUCATION    (CIVIL  CODE). 

5940.  Against  county  superintendent  for  balance  in 
his  hands. — Summary  judgments  must  be  rendered  on 
motion,  after  ten  days'  notice,  in  the  circuit  court,  or 
other  court  having  jurisdiction  of  the  amount,  of  the 
county  in  which  the  defendants,  or  either  of  them,  reside, 
against  any  county  superintendent  of  education  who  has 
resigned,  removed  from  the  county,  or  been  legally  re- 
moved from  office,  or  whose  term  of  office  has  expired, 
and  his  sureties  or  any  or  either  of  them,  in  favor  of  his 
successors,  if  there  be  one,  or  if  there  be  no  successor,  in 
favor  of  the  superintendent  of  education,  for  the  amount 
of  school  moneys  belonging  to  his  county,  which  has  not 
been  legally  disbursed  by  him  or  paid  over  to  his  succes- 
sor in  office,  with  interest  from  the  time  of  the  default, 
and  twenty  per  cent  damages  and  costs;  and  the  money 
when  recovered  by  the  superintendent  of  education,  must 
be  turned  over  to  the  county  superintendent  of  education. 

5941.  Authority  to  employ  counsel. — The  county  su- 
perintendent of  education  may  employ  attorneys  to  prose- 
cute actions  under  the  provisions  of  this  article  against 
such  defaulters  and  their  sureties;  but  in  no  case  shall 
any  attorney  receive  more  than  ten  per  cent  of  the  amount 
which  may  be  collected  on  any  judgment  obtained  by  him, 
or  of  the  amount  which  may  be  otherwise  recovered  by 
him. 

5942.  Notice. — The  notice  of  such  motion  may  be 
served  by  any  sheriff  of  this  State,  and  must  succinctly 
state  the  cause  for  which,  and  the  court  and  term  at 
which,  the  motion  will  be  made. 

5943.  Transcript  of  superintendent  of  education  evi- 
dence.— On  the  trial  of  such  motion,  a  transci:ipt  from 


128  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

the  books  and  records  in  the  office  of  the  superintendent 
of  education  or  the  State  auditor,  duly  certified  under 
his  hand,  shall  be  prima  facie  evidence  of  the  facts  shown 
by  them. 

5944.  Time  and  manner  of  trial. — If  the  notice  has 
been  given  as  herein  required,  such  motion  shall  stand 
for  trial  at  the  first  term,  and  the  court  must  hear  and 
determine  the  same,  and  render  judgment  upon  the  evi- 
dence without  a  jury,  unless  a  trial  by  jury  shall  be  de- 
manded, when  a  jury  must  be  immediately  impaneled  to 
try  the  issues  of  fact,  unless  good  cause  be  shown  for  a 
continuance. 

5945.  In  favor  of  teachers  for  moneys  due  them;  court 
and  notice;  appeal  from  justice's  court. — Summary  judg- 
ment may  also  be  rendered  against  the  county  superin- 
tendent of  education  and  his  sureties,  or  any  or  either  of 
them,  in  favor  of  any  teacher  of  the  public  schools,  his 
legal  representative,  or  assignee,  by  motion,  on  ten  days* 
notice,  in  any  court  of  the  county  of  such  superintendent, 
of  competent  jurisdiction,  for  failing  to  pay  over,  on 
demand,  to  such  teacher  any  moneys  in  the  hands  of  such 
superintendent  due  or  owing  such  teacher,  as  required 
by  law,  for  the  amount  of  such  moneys  with  interest 
from  the  time  of  the  demand,  and  ten  per  cent,  damages 
on  the  aggregate  amount,  and  costs;  but  from  all  cases 
tried  before  a  justice  of  the  peace ;  or  notary  public  ex- 
officio  justices  of  the  peace,  either  party  shall  have  the 
right  to  appeal  as  provided  by  law  in  other  cases  decided 
before  such  officer. 


CITY  AND  TOWN  SCHOOLS  UNDER  MUNICIPAL  GOVERNMENT. 

1348.  Schools;  regulation  of. — Cities  and  towns  shall 
have  power  to  establish,  maintain,  and  regulate  public 
schools  in  which  children  from  seven  to  twenty-one  years 
of  age,  bona  fide  residents  of  and  living  within  the  cor- 
porate limits  of  such  city  or  town,  shall  be  entitled  to 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  I2f 

admission;  and  non-residents  shall  be  admitted  on  such 
terms  as  the  board  of  education  may  prescribe,  and  sepa- 
rate schools  shall  be  provided  for  children  of  African 
descent. 

1349.  *Education;  board  of. — In  cities  having  a  popu- 
lation of  six  thousand  or  more,  the  management  and 
control  of  the  public  schools  therein  shall  be  vested  in 
a  board  of  education,  which  shall  be  composed  of  five 
members,  who  shall  serve  without  compensation,  and 
shall  be  qualified  electors  and  residents  of  the  respective 
cities,  and  who  shall  not  be  members  of  the  city  council. 
At  the  first  regular  meeting  of  the  council  in  April,  or  as 
soon  thereafter  as  may  be  practicable,  at  any  regular 
meeting,  the  council  shall  elect  the  members  of  the  board 
of  education,  whose  terms  of  office  respectively  shall  be 
one,  two,  three,  four,  and  five  years.  Annually  thereafter 
at  the  first  regular  meeting  in  April,  or  as  soon  thereafter 
as  may  be  practicable,  at  a  regular  meeting,  the  council 
shall  elect  a  member,  whose  term  of  office  shall  be  five 
years,  to  succeed  the  member  of  the  board  of  education 
whose  term  expires  that  year.  In  the  event  of  a  vacancy 
in  the  membership  of  the  board,  by  resignation  or  other- 
wise, the  fact  shall  be  reported  to  the  city  council  by  the 
board,  and  the  council  shall  elect  a  person  to  fill  such 
vacancy  for  the  unexpired  term. 

1350.  Election  of  officers  of  board  of  education. — At 
its  first  regular  meeting  in  May,  after  the  election  of 
said  board,  or  as  soon  thereafter  as  practicable,  and  an- 
nually thereafter,  the  board  shall  elect  from  its  member- 
ship, a  president  and  vice-president.  It  shall  also  elect 
a  clerk,  who  need  not  be  a  member  of  the  board,  and  may 
fix  his  compensation.  The  vice-president  shall  perform 
the  duties  of  the  president  only  when  the  president  may 
be  absent  from  the  city  or  unable  to  perform  his  duties. 
The  board  may  fill  any  vacancy  occurring  from  any  cause 
in  any  of  the  offices  mentioned  in  this  section. 


♦Note. — In  those  cities  and  towns  where  the  commission  form  of 
government  has  been  adopted,  the  board  of  education  is  elected  by 
the  members  of  the  boards  of  commissioners.  With  this  exception, 
sections  1348-1358  will  still  apply. 

fiSG 


130  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

1351.  School  property;  how  held. — All  property,  real 
and  personal  and  mixed,  now  held  or  hereafter  acquired 
for  school  purposes,  shall  be  held  in  trust  for  the  use  of 
the  public  schools  of  the  citj^  or  town,  and  no  sale  or  pur- 
chase of  real  estate  shall  be  made  by  any  other  than  the 
city  council  of  such  city  or  town.  The  board  of  education 
shall  have  full  and  exclusive  power,  within  the  limits  of 
the  revenue  appropriated  for  such  purpose  or  accruing 
to  the  use  of  the  public  schools,  to  purchase  fixtures,  fur- 
niture, apparatus,  libraries,  fuel,  and  supplies  for  the  use 
of  the  schools  and  to  sell  the  same,  and  to  make  expendi- 
tures for  the  maintenance  and  repair  of  the  school  ground, 
buildings,  and  other  property,  to  establish  and  build 
new  schools,  when  sites  have  been  provided  by  the  city 
council,  and  to  superintend  the  erection  thereof,  to 
make  additions,  alterations,  and  repairs  to  the  buildings 
and  other  property  devoted  to  school  uses,  and  to  make 
necessary  and  proper  regulations,  contracts,  and  agree- 
ments in  relation  to  such  matters.  All  such  contracts 
shall  inure  to  the  benefit  of  the  public  schools,  and  any 
suit  at  law  or  in  equity,  brought  upon  them,  and  for  the 
recovery  and  protection  of  money  and  property  belonging 
to  and  used  by  the  public  schools,  or  for  damages,  shall 
be  brought  by  and  in  the  name  of  the  city. 

1352.  Appropriation  for  schools. — Each  year  the 
board  of  education  shall  make  an  estimate  in  detail  of 
the  amount  of  money  required  for  the  proper  support 
and  maintenance  of  the  public  schools  during  the  next 
ensuing  scholastic  year,  which  shall  be  submitted  to  the 
city  council,  and  the  city  council  shall  make  annual  ap- 
propriations for  the  support  and  maintenance  of  the 
schools  that  it  may  deem  necessary  and  proper  in  view 
of  all  other  needs  of  the  government  of  the  city  and  of 
the  expected  revenues  from  taxes  and  otherwise.  Money 
so  appropriated  and  all  money  received  from  the  school 
fund  of  the  State,  poll  taxes,  the  sale  of  school  property, 
the  sale  of  bonds  for  school  purposes,  and  from  any  other 
source  whatever  for  school  purposes,  shall  be  held  by  the 
treasurer  of  the  city  as  a  special  fund  or  funds  for  school 
purposes,  and  it  shall  be  paid  out  by  him  on  warrant 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  181 

drawn  by  the  clerk  of  the  board  and  countersigned  by  the 
president,  or  vice-president,  when  acting  as  president  of 
the  board  of  education,  and  by  the  clerk  of  the  city,  and 
not  otherwise,  and  no  warrant  shall  be  drawn  unless  in 
pursuance  of  a  resolution  of  the  board  of  education  en- 
tered upon  its  minutes. 

1353.  School;  control  of. — The  board  of  education 
shall  have  full  control  of  the  public  schools  of  the  city 
or  town.  It  shall  have  power  to  establish  schools,  to  dis- 
continue any  school,  to  consolidate  schools,  to  prescribe 
courses  of  study  and  books  to  be  used,  not  in  conflict  with 
the  general  laws  in  reference  to  text-books,  to  divide  the 
city  into  school  divisions  as  circumstances  may  require, 
to  employ  teachers  and  a  superintendent  of  schools  and 
necessary  employees  and  to  fix  their  salaries  and  wages,, 
to  establish  and  maintain  high  schools  and  prescribe  rules 
for  the  expulsion  of  pupils,  to  expel  any  pupil  guilty  of 
gross  disobedience,  or  willful  misconduct,  to  dismiss  any 
superintendent,  teacher,  or  employee,  when  in  its  opinion 
the  interests  of  the  school  require  it,  and  generally  to 
have  and  exercise  all  rights,  powers,  and  authority  re- 
quired for  the  management  of  a  system  of  public  schools. 
It  shall  be  the  duty  of  the  board  of  education  to  examine, 
or  cause  to  be  examined,  all  persons,  at  times  and  places 
fixed  by  it,  offering  as  candidates  for  teacher's  places,, 
and  when  found  qualified  to  give  them  certificates  of  quali- 
fication gratuitously,  to  grant  diplomas  without  charge  to 
graduates  of  the  high  schools,  to  visit  all  schools  as  often 
as  once  a  month,  to  establish  and  uniformly  enforce 
proper  rules  and  regulations,  to  inquire  into  the  perform- 
ance of  their  duties  by  the  teachers  and  superintendent, 
and  into  the  progress  of  the  pupils,  and  to  prepare  and 
submit  to  the  city  council  an  annual  report  showing  the 
operation  of  the  schools  for  the  past  scholastic  year,  and 
suggesting  their  needs  for  the  future. 

1354.  Superintendent  of  schools. — It  shall  be  the  duty^ 
of  the  board  of  education  to  elect  a  superintendent  of 
schools,  fix  his  term  of  office  and  salary,  and  prescribe  his 
powers  and  duties.    The  superintendent  shall  be  required 


132  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

to  give  bond  for  the  faithful  performance  of  his  duties, 
which  shall  be  payable  to  said  city,  in  a  sum  to  be  fixed 
by  the  board,  not  less  than  three  thousand  dollars,  with 
surety  or  sureties  to  be  approved  by  the  president  of  the 
board,  the  bond  to  be  filed  with  the  clerk  of  the  city  or 
town.  The  superintendent  may  be  elected  clerk  of  the 
board  of  education,  and  if  so  elected  his  bond  shall  stand 
as  security  for  the  faithful  performance  of  his  duties  as 
clerk,  as  well  as  superintendent,  however  conditioned. 
It  shall  be  the  duty  of  the  clerk  of  the  board  of  education 
to  keep  full  and  correct  detail  account  of  all  money  re- 
ceived and  expended.  The  superintendent  shall  attend 
to  the  taking  of  the  school  census,  which  shall  be  taken  in 
the  months  of  April  of  each  odd  year,  and  it  shall  be  his 
duty  to  make  complete  and  accurate  reports  of  the  same 
to  the  superintendent  of  education  of  the  State. 

1355.*  Board  of  education  of  towns  having  over  one 
thousand  and  less  than  six  thousand  inhabitants. — Towns 
having  a  population  of  more  than  one  thousand  and  cities 
having  a  population  of  less  than  six  thousand  shall  have 
a  board  of  education  to  consist  of  five  members,  which 
shall  be  elected  by  the  council  at  its  first  meeting  in  April, 
1909,  or  as  soon  thereafter  as  may  be  practicable,  and 
every  two  years  thereafter.  The  members  of  said  board 
shall  be  qualified  electors  and  shall  serve  without  com- 
pensation. As  soon  after  the  election  as  practicable,  said 
board  shall  organize  by  electing  one  of  their  number 
president,  and  shall  also  elect  one  of  their  number  secre- 
tary of  said  board.  And  said  board  shall  have  all  the 
powers  and  be  vested  with  all  the  authority  in  relation 
to  public  school  as  boards  of  education  in  cities  of  six 
thousand  or  more  population. 

In  towns  of  one  thousand  population  or  less  the  man- 
agement and  control  of  the  public  schools  therein  shall 
be  vested  in  a  board  of  education  to  consist  of  five  mem- 
bers, who  shall  have  all  the  powers  and  be  vested  with  all 

♦Note. — In  those  cities  and  towns  where  the  commission  form  of 
government  has  been  adopted,  the  board  of  education  is  elected  by 
the  members  of  the  board  of  commissioners.  With  this  exception, 
sections  1348-1358  will  still  apply. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  188 

the  authority  in  relation  to  such  public  schools  as  boards 
of  education  in  cities.  Said  board  of  education  shall  be 
elected  by  the  qualified  electors  of  the  town  at  the  first 
regular  municipal  election  held  under  the  provisions  of 
this  chapter  and  biennially  thereafter. 

1356.*  School  districts. — Each  incorporated  city,  or 
town,  as  a  special  school  district,  or  embraced  therein, 
shall  receive  its  proportionate  share  of  the  public  school 
revenue  to  be  paid  over  by  the  State  superintendent  of 
education  direct  to  the  city  superintendent  of  schools  and 
by  him  paid  over  to  the  treasurer. 

1357.  Municipalities  exempt  from  school  law. — The 
provisions  of  this  chapter  relative  to  public  school  sys- 
tems, except  as  to  issue  of  bonds  for  the  purchase  of  sites 
and  the  erection  of  public  schoolhouses,  or  either,  shall 
not  apply  to  cities  and  towns  in  counties  now  having  by 
law  a  combined  city  and  county  school  system,  operated 
under  a  single  board  of  education,  or  where  the  members 
of  the  board  hold  office  for  life;  but  any  city  may  issue 
bonds  to  procure  money  to  purchase  sites  and  erect  public 
schoolhouses  or  either,  and  in  all  cases  whenever  any  city 
or  town  in  this  State  shall  authorize  an  issue  of  bonds  as 
provided  by  this  chapter  for  the  purpose  of  purchasing  or 
constructing  public  schoolhouses  and  buildings,  the  pro- 
ceeds arising  from  the  sale  of  bonds  authorized  to  be 
issued  by  this  chapter,  shall  be  turned  over  to  the  board 
of  education,  or  other  board  acting  as  such  by  whatever 
name  called,  having  control  of  the  public  schools  in  said 
city  or  town,  to  be  applied  to  the  payment  of  the  costs 
of  the  improvement  in  said  city  or  town  including  pur- 
chase price  of  suitable  site  therefor,  as  designated  in  the 
ordinance  providing  for  the  issue  of  the  said  bonds ;  and 
shall  be  administered  under  the  direction  of  the  said  board 
of  education  or  other  board  acting  as  such,  and  such 
board  shall  have  full  power  of  administration  in  and  about 
the  management  and  control  of  the  said  school  or  schools 
thus  constructed,  as  part  of  the  system  under  their  admin- 


♦Declared  inoperative  by  a  ruling  of  the  Attorney  General. 


134  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

istration  and  control.  Where,  by  any  provision  of  laws, 
any  certain  or  definite  percentage  or  taxes,  either  or  both, 
is  required  to  be  used  for  the  maintenance  of  the  public 
schools,  then  such  provision  shall  be  unaffected  by  this 
chapter  and  shall  be  and  remain  in  full  force  and  effect. 

1358.  LihraHes. — Cities  and  towns  shall  have  the 
right  to  establish  and  maintain  or  aid  in  establishing  and 
maintaining  public  libraries,  either  separately  or  in  con- 
nection with  the  public  schools. 


CHILD  LABOR  LAW. 

No.  169.)  AN  ACT  (H.  208. 

To  regulate  the  employment  of  minor  children  within 
the  State  of  Alabama;  to  prohibit  the  employment  of 
minors  under  certain  conditions;  to  provide  for  the  in- 
spection and  regulation  of  establishments,  occupations, 
places  and  premises  where  minors  are  employed;  to  en- 
trust the  enforcement  of  the  provisions  of  this  act  to  the 
State  prison  inspector;  to  punish  violations  of  this  act; 
and  to  repeal  acts  in  conflict  with  the  provisions  hereof. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  1.  That  on  and  after  September  first,  1915, 
no  child  under  thirteen  years  of  age,  and  on  and  after 
September  first,  1916,  no  child  under  fourteen  years  of 
age  shall  be  employed,  permitted  or  suffered  to  work 
or  be  employed  in  any  gainful  occupation,  except  agri- 
culture or  domestic  service:  Provided,  however,  that 
boys  twelve  years  of  age  and  over  may  be  employed  in 
business  offices  and  mercantile  establishments  in  cities 
or  towns  under  twenty-five  thousand  population,  accord- 
ing to  the  latest  federal  census,  during  such  time  as 
the  public  schools  in  the  city  or  town  in  which  the  child 
resides  are  not  in  session. 

Sec.  2.  No  child  under  sixteen  years  of  age  shall  be 
employed,  permitted,  or  suffered  to  work  in  any  gainful 
occupation  except  agriculture,  or  domestic  service  for 
more  than  six  days  in  any  one  week,  or  more  than  sixty 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  IBS 

hours  in  any  one  week,  or  more  than  eleven  hours  in  any- 
one day,  or  before  the  hour  of  six-  o'clock  in  the  morning, 
or  after  the  hour  of  six  o'clock  in  the  evening.  The  pres- 
ence of  any  child  under  sixteen  years  of  age  in  any  mill, 
factory  or  workshop,  laundry  or  mechanical  establish- 
ment shall  be  prima  facie  evidence  of  its  employment* 
therein. 

Sec.  3.  It  shall  be  the  duty  of  every  employer  to  post 
and  keep  posted  in  a  conspicuous  place  in  every  room 
where  any  boy  under  the  age  of  sixteen  years  or  any  girl 
under  the  age  of  eighteen  years  is  employed,  permitted 
or  suffered  to  work,  a  printed  notice  stating  the  maximum 
number  of  hours  such  person  may  be  required  or  be  per- 
mitted to  work  on  each  day  of  the  week,  the  hours  of  com- 
mencing and  stopping  work,  and  the  hours  allowed  for 
dinner  or  for  other  meals.  The  printed  form  of  such 
notice  shall  be  furnished  by  the  inspector  hereinafter 
named,  and  the  employment  of  any  minor  for  a  longer 
time  in  any  day  than  so  stated,  or  at  any  time  other  than 
as  stated  in  said  printed  form  of  notice  shall  be  deemed 
a  violation  of  the  provisions  of  this  act. 

Sec.  4.  No  person  under  the  age  of  eighteen  years  shall 
in  any  city  of  twenty-five  thousand  population,  or  more, 
according  to  the  latest  federal  census,  be  employed,  per- 
mitted or  suffered  to  work  as  a  messenger  for  any  person, 
firm  or  corporation  engaged  in  the  business  of  telegraph, 
telephone  or  messenger  service,  in  the  distribution,  trans- 
mission or  delivery  of  goods  or  messages  after  the  hour 
of  nine  o'clock  in  the  evening  or  before  the  hour  of  five 
o'clock  in  the  morning  of  any  day,  and  in  any  city  or 
town  under  twenty-five  thousand  population  no  person 
under  the  age  of  eighteen  years  shall  be  employed,  per- 
mitted or  suffered  to  work  as  a  messenger  for  any  per- 
son, firm  or  corporation  engaged  in  such  service,  in  the 
distribution,  transmission  or  delivery  of  goods  or  mes- 
sages after  ten  o'clock  in  the  evening,  or  before  five  o'clock 
in  the  morning  of  any  day ;  and  no  person  under  twenty- 
one  years  of  age  shall  be  employed  in  any  establishment 
where  intoxicating  liquors  are  manufactured  or  sold. 

Sec.  5.  No  child  under  the  age  of  sixteen  years  shall 
be  employed,  permitted  or  suffered  to  work  at  any  of  the 


186  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

following  occupations  or  in  any  of  the  following  posi- 
tions: (1)  operating  or  assisting  in  operating  any  of 
the  following  machines:  (a)  circular  or  band  saws; 
(b)  wood  shapers;  (c)  wood  jointers;  (d)  planers;  (e) 
sand  paper  or  wood  polishing  machinery;  (f)  wood  turn- 
ing or  boring  machinery;  (g)  machines  used  in  picking 
wool,  cotton,  hair,  or  any  other  material ;  (h)  job  or  cylin- 
der printing  presses;  (i)  boring  or  drilling  presses;  (j) 
stamping  machine  used  in  sheet  metal  or  tinware,  or  in 
paper  or  leather  manufacturing,  or  in  washer  or  nut 
factories;  (k)  metal  or  paper  cutting  machines ;  (1)  cor- 
ner staying  machines;  (m)  steam  boilers;  (n)  dough 
brakes  or  cracker  machinery  of  any  description;  (o) 
wire  or  iron  straightening  or  drawing  machinery;  (p) 
rolling  mill  machinery;  (q)  power  punches  or  shears; 
(r)  washing,  grinding  or  mixing  machinery ;  (s)  launder- 
ing machinery;  (2)  or  in  proximity  to  any  hazardous 
or  unguarded  gearing;  (3)  or  upon  any  railroad,  whether 
steam,  electric  or  hydraulic;  (4)  or  upon  any  vessel  or 
boat  engaged  in  navigation  or  commerce  within  the  juris- 
diction of  this  State. 

Sec.  6.  No  child  under  the  age  of  sixteen  years  shall 
be  employed,  permitted  or  suffered  to  work  in  any  capac- 
ity—  (1)  in,  about  or  in  connection  with  any  processes  in 
which  dangerous  or  poisonous  acids  are  used:  (2)  nor 
in  the  manufacture  or  packing  of  paints,  colors,  white 
or  red  lead;  (3)  nor  in  soldering;  (4)  nor  in  occupations 
causing  dust  in  injurious  quantities;  (5)  nor  in  the  manu- 
facture or  use  of  dangerous  or  poisonous  dyes;  (6)  nor 
in  the  manufacture  or  preparation  of  compositions  with 
dangerous  or  poisonous  gases;  (7)  nor  in  the  manufac- 
ture or  use  of  compositions  of  lye  in  which  the  quantity 
thereof  is  injurious  to  health;  (8)  nor  on  scaffolding; 
(9)  nor  in  heavy  work  in  the  building  trades;  (10)  nor 
in  any  tunnel  or  excavation ;  (11)  nor  in,  about  or  in  con- 
nection with  any  mine,  coal  breaker,  coke-oven  or  quarry ; 
(12)  nor  in  assorting,  manufacturing  or  packing  tobac- 
co; (13)  nor  shall  any  child  under  the  age  of  sixteen  years 
be  employed  upon  the  stage  of  any  theatre  or  concert  hall, 
or  in  any  connection  with  any  theatrical  performance  or 
other  exhibition  or  show. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  187 

Sec.  7.  It  shall  be  unlawful  for  any  firm,  person,  or  cor- 
poration to  employ,  permit  or  suffer  any  child  under  six- 
teen years  of  age  to  work  in  any  gainful  occupation, 
except  agriculture  or  domestic  service,  unless  such  person, 
firm  or  corporation  keeps  on  file  for  the  inspection  of  the 
officials  charged  with  the  enforcement  of  this  act,  an 
employment  certificate,  as  hereinafter  prescribed,  for 
every  such  child  and  unless  such  person,  firm  or  corpora- 
tion, keeps  on  file  for  the  inspection  of  the  officials  charged 
with  the  enforcement  of  this  act,  a  complete  list  of  all 
such  children  employed  therein,  provided,  however,  that 
in  the  cities  or  towns  under  twenty-five  thousand  popula- 
tion boys  between  the  ages  of  twelve  and  fourteen  years  . 
shall  not  be  required  to  have  such  certificate  for  employ- 
ment in  business  offices  and  mercantile  establishments 
during  such  time  as  the  public  schools  are  not  in  session. 
The  inspector  charged  with  the  enforcement  of  this  act 
may  make  written  demands  on  any  employer  in  whose  es- 
tablishment a  child  apparently  under  sixteen  years  of  age 
is  employed  or  permitted  or  suffered  to  work,  and  whose 
employment  certificate  is  not  filed  as  required  by  this  act, 
that  such  employer  shall  furnish  him  within  ten  days 
evidence  satisfactory  to  him  that  such  child  is  in  fact 
sixteen  years  of  age  or  over,  or  shall  cease  to  employ  or 
permit  or  suffer  such  child  to  work  therein.  Such  official 
may  require  from  such  employer  the  same  evidence  of  age 
of  such  child  as  is  required  for  the  issuance  of  any  em- 
ployment certificate,  and  the  employer  furnishing  such 
evidence  shall  not  be  required  to  furnish  any  further  evi- 
dence of  the  age  of  the  child.  In  case  such  employer 
shall  fail  to  produce  and  deliver  to  such  official  within  ten 
days  after  such  demand,  such  evidence  of  the  age  therein 
required  of  him,  and  thereafter  continue  to  employ  such 
child  or  permit  or  suffer  such  child  to  work  in  such  estab- 
lishment, proof  of  the  giving  of  such  notice  and  of  such 
failure  to  produce  and  file  such  evidence  shall  be  prima 
facie  evidence  in  any  prosecution  that  such  child  is  under 
sixteen  years  of  age,  and  is  unlawfully  employed. 

Sec.  8.  No  child  under  sixteen  years  of  age  shall  be 
employed  or  be  permitted  to  work  or  be  detained  in  or 
about  any  mill,  factory  or  manufacturing  establishment 


188  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

in  this  state,  unless  such  child  shall  attend  school  for  eight 
weeks  in  every  year  of  employment,  six  weeks  of  which 
shall  be  consecutive. 

Sec.  9.  It  shall  be  the  duty  of  the  superintendent  or 
principal  of  schools  in  cities  or  towns  to  issue  the  employ- 
ment certificates  mentioned  in  the  foregoing  section,  or  to 
authorize  a  person  in  writing  to  issue  such  certificates, 
acting  in  his  name.  Where  there  is  no  superintendent  or 
principal  of  schools,  said  certificates  shall  be  issued  by 
the  county  superintendent  of  education  or  by  person  au- 
thorized by  him  in  writing. 

Sec.  10.  The  person  authorized  to  issue  employment 
certificates  shall  not  issue  such  certificates  unless  the 
child  in  question,  accompanied  by  its  parents  or  guardian, 
or  person  standing  in  parental  relation  thereto,  has  per- 
sonally made  application  to  him  therefor,  and  until  he 
has  received,  examined,  approved  and  filed  the  following 
papers  duly  executed:  (1)  A  school  record  signed  by 
the  principal  or  teacher  of  the  school  last  attended  by 
said  child,  stating  that  such  child  has  attended  school  for 
at  least  sixty  days  of  the  year  immediately  preceding  the 
date  on  which  the  certificate  is  issued,  and  stating  also 
the  age  and  date  of  birth  of  said  child,  as  shown  on  the 
records  of  the  school,  and  the  name  and  address  of  the 
parent,  guardian  or  custodian;  provided,  that  such  evi- 
dence of  school  attendance  outside  of  the  State  of  Ala- 
bama, may  be  accepted  at  the  discretion  of  the  officer 
issuing  these  certificates;  (2)  one  of  the  following  evi- 
dences of  age,  showing  the  child  to  be  fourteen  years  of 
age  or  over  or  if  before  September  1st,  1916,  thirteen 
years  of  age  or  over,  to  be  required  in  the  order  herein 
designated :  (a)  A  duly  attested  transcript  of  the  birth 
record  of  said  child,  filed  according  to  law,  with  any 
officer  charged  with  the  duty  of  recording  births,  (b)  or, 
a  passport  or  duly  attested  transcript  of  a  certificate  of 
baptism  showing  the  date  of  birth  and  place  of  baptism 
of  such  child,  (c)  or,  in  case  the  officer  authorized  to 
issue  such  certificate  is  satisfied  that  none  of  the  above 
proofs  of  age  can  be  produced,  other  evidence  of  the  age, 
such  as  the  affidavit  of  the  parent,  guardian  or  custodian 
of  such  child,  as  shall  convince  such  officer  that  the  child 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  139 

is  fourteen  years  of  age,  or  over,  or  if  before  September 
1st,  1916,  thirteen  years  of  age  or  over.  The  superin- 
tendent of  schools  in  any  city,  town  or  district,  wherever 
there  is  one,  and  where  there  is  none,  the  county  superin- 
tendent of  education,  shall  between  the  first  and  tenth 
days  of  each  month,  transmit  to  the  office  of  the  State 
mspector  hereinafter  mentioned,  a  report,  which  report 
shall  give  the  name  of  each  child  to  whom  a  certificate  has 
been  granted,  or  denied  during  the  preceding  month,  to- 
gether with  the  ground  of  such  denial.  A  refusal  or 
failure  to  transmit  such  report  by  any  person  charged 
under  this  section  with  the  duty  of  transmitting  the  same 
to  such  State  official,  shall  constitute  a  misdemeanor, 
punishable  by  a  fine  of  not  more  than  twenty-five  dollars 
nor  less  than  five. 

Sec.  11.  Such  certificate  shall  state  the  full  name,  place 
and  date  of  birth  of  such  child  with  the  name  and  address 
of  the  parent,  guardian,  or  persons  sustaining  the  par- 
ental relationship  to  such  child,  and  shall  contain  a  state- 
ment signed  by  the  issuing  officer  that  the  child  has  per- 
sonally appeared  before  him  and  that  satisfactory  evi- 
dence has  been  submitted  that  said  child,  is  fourteen  years 
of  age  or  over  or  if  before  September  1st,  1916,  thirteen 
years  of  age  or  over.  The  printed  form  of  the  certificate, 
and  other  papers  required  in  the  issuing  of  employment 
certificates,  shall  be  drafted  by  the  State  inspector,  here- 
inafter mentioned,  and  furnished  by  him  to  the  local  and 
county  superintendents  of  education. 

Sec.  12.  On  the  termination  of  the  employment  of  a 
child  under  the  age  of  sixteen  years,  the  employment 
certificate  shall  be  returned  by  the  employer  holding  the 
same,  to  the  child  to  whom  it  is  issued,  or  if  the  certifi- 
cate of  such  child  is  not  claimed  by  such  child  within  ten 
days  after  the  termination  of  its  employment,  it  shall  be 
returned  by  the  employer  to  the  school  authority  by  whom 
it  was  issued. 

Sec.  13.  No  boy  under  twelve  years  of  age,  and  no  girl 
under  eighteen  years  of  age,  in  any  city  of  twenty-five 
thousand  population,  or  more,  according  to  the  latest 
federal  census,  shall  distribute,  sell,  expose,  or  offer  for 
sale,  newspapers,  magazines,  periodicals,  hand-bills  or 


140         PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

circulars,  or  be  employed  or  permitted,  or  suffered  to 
work  in  any  other  trade,  or  occupation  performed  in  any 
street  or  public  place;  provided,  however,  that  boys  ten 
years  of  age  or  over  may  engage  in  the  distribution  of 
newspapers  and  periodicals  on  fixed  routes  in  the  resi- 
dent districts  of  such  cities.  No  boy  under  sixteen  years 
of  age  shall  engage  in  any  such  street  occupation  in  any 
city  of  twenty-five  thousand  or  more  population,  accord- 
ing to  the  last  federal  census,  after  eight  o'clock  at  night, 
or  before  five  o'clock  in  the  morning  of  any  day ;  or  unless 
he  has  secured  and  wears  in  plain  sight  a  badge  as  herein 
provided ;  or  unless  he  is  a  regular  school  attendant.  Such 
badge  shall  be  provided  and  issued  by  the  superintendent 
of  schools  or  some  person  designated  by  him  in  writing, 
and  shall  be  granted  only  after  the  child  has  applied  to 
him  personally,  accompanied  in  person  by  his  parent, 
guardian  or  custodian,  and  has  submitted  satisfactory 
proof  that  he  is  twelve  years  of  age  or  over;  or  if  en- 
gaged only  in  distributing  papers  or  periodicals  on  fixed 
routes  in  the  resident  districts,  ten  years  of  age  or  over 
and  that  he  is  a  regular  attendant.  Such  badge  shall  be 
renewed  annually  on  the  first  day  of  January  and  shall 
not  be  transferable,  and  the  form,  design  or  color  shall 
be  changed  annually.  A  deposit  of  not  more  than  fifty 
cents  may  be  required  by  the  person  issuing  same,  to  be 
returned  upon  the  surrender  of  the  badge,  and  if  lost, 
the  badge  may  be  replaced  upon  the  payment  of  twenty- 
five  cents.  Any  child  who  shall  engage  in  any  such  street 
occupation,  in  violation  of  the  provision  of  this  section, 
shall  be  deemed  delinquent  and  brought  before  any  court 
or  magistrate  having  jurisdiction  over  juvenile  delin- 
quents, and  shall  be  dealt  with  according  to  law.  Use  of 
a  badge  may  be  revoked  or  suspended  by  said  court  or  its 
authorized  representatives  upon  such  violation,  or  in  case 
the  child's  school  record  is  not  satisfactory  to  the  prin- 
cipal of  the  school  which  he  attends.  Any  person  who 
sells,  or  offers  for  sale  any  article  of  any  description  to  a 
boy  under  sixteen  years  of  age  to  be  used  for  the  purpose 
of  sale  or  barter  upon  the  streets,  or  in  any  public  place, 
shall  first  ascertain  that  such  boy  wears  his  own  badge 
in  plain  sight,  as  herein  provided,  and  if  said  boy  has  no 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  141 

badge  no  article  shall  be  sold  to  him.  Any  person  violat- 
ing this  provision  shall  be  fined  not  less  than  one,  and  not 
more  than  fifty  dollars.  The  police  officers  and  other 
peace  officers  shall  enforce  the  provisions  of  this  section. 

Sec.  14.  It  shall  be  the  duty  of  the  State  prison  inspec- 
tor and  his  authorized  assistants  to  inspect  as  frequently 
as  possible,  all  establishments,  wherein  minors  subject 
to  the  provisions  of  this  act  are,  or  may  be,  employed  or 
permitted  to  work  and  to  enforce  the  provisions  of  this 
act.  For  the  purpose  of  administering  this  act,  and  any 
other  laws  relating  to  the  employment  of  minors,  the 
State  prison  inspector  may  be  designated  the  State  fac- 
tory inspector;  and  his  deputy  inspectors  may,  in  the 
performance  of  their  duties,  in  enforcing  the  provisions 
of  this  act,  be  known  as  deputy  factory  inspectors.  It 
shall  be  the  duty  of  the  inspectors  to  institute  prosecution 
for  the  violation  of  any  of  the  provisions  of  this  act.  The 
solicitor  of  each  county  is  charged  with  the  duty  of  prose- 
cuting all  violations  of  this  act. 

Sec.  15.  Every  person,  firm  or  corporation,  owning  or 
controlling  any  establishment  wherein  minors  are  em- 
ployed, subject  to  the  provisions  of  this  act,  shall  keep 
such  establishment  in  sanitary  condition,  and  properly 
ventilated,  and  shall  provide  suitable  and  convenient  wa- 
ter closets,  or  privies,  separate  for  each  sex,  and  in  such 
number  and  located  in  such  place  or  places,  as  may  be 
required  by  the  inspector ;  and  when  twenty  or  more  per- 
sons are  employed,  sanitary  drinking  fountains  shall  be 
provided  in  such  number  as  the  inspector  may  deem 
necessary.  All  water  closets  shall  be  maintained  inside 
such  establishments  except  where,  in  the  opinion  of  the 
inspector,  it  is  impracticable.  In  all  such  establishments,, 
there  shall  be  separate  compartments  for  females,  to  be 
used  by  them  exclusively,  and  notice  to  that  effect  shall 
be  painted  on  the  outside  of  such  compartment.  The 
entrance  to  every  water  closet  or  privy,  in  such  establish- 
ment, shall  be  effectively  screened  by  a  partition  or  vesti- 
bule. In  every  such  establishment  a  printed  copy  of  this 
act  shall  be  kept  conspicuously  posted  in  every  room  in 
which  minor  persons  work.  It  shall  be  the  duty  of  the 
inspector  to  inspect  thoroughly  every  such  establishment. 


142  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

to  issue  at  written  order  for  the  correction  of  unsanitary 
or  unhealthful  conditions  in  such  establishment,  and  to 
compel  compliance  with  such  order  as  herein  provided. 

Sec.  16.  The  inspector  shall  have  free  access  at  any- 
time to  any  establishment  where  minors  are,  or  may  be 
employer  or  detained,  and  any  person  who  refuses  to 
allow  the  inspector  to  have  free  access  to  any  such  estab- 
lishment and  every  part  thereof;  or  who  hinders  or  ob- 
structs him  in  his  inspection,  or  who  makes  any  false 
statement  to  the  inspector  about  the  establishment,  its 
operation  or  condition,  or  about  any  person  working  or 
detained  therein,  or  who  refuses  to  comply  with  any  order 
issued  under  authority  of  section  15  of  this  act,  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  fined  not  less  than 
fifty  nor  more  than  one  hundred  dollars,  and  on  subse- 
quent conviction  shall  be  fined  not  less  than  two  hundred 
dollars.  It  shall  be  the  duty  of  the  inspector  to  remove 
from  any  establishment  any  child  found  employed,  work- 
ing or  detained  therein  contrary  to  law,  and  to  remove 
therefrom  any  child  who  is  afflicted  with  any  infectious, 
contagious,  or  communicable  disease. 

Sec.  17.  Any  person,  firm  or  corporation  who  violates 
any  of  the  provisions  of  this  act,  or  who  permits  any 
child  to  be  employed  or  to  work  in  or  about,  or  be  detained 
in,  or  to  be  in  or  about  any  establishment,  contrary  to 
law,  or  who  fails  or  refuses  to  obey  within  a  reasonable 
time,  any  lawful  orders  or  directions  given  by  the  State 
official  charged  with  the  enforcement  of  this  act,  unless  a 
specified  penalty  is  herein  otherwise  provided,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall 
be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars,  and  upon  second  or  subsequent 
conviction  of  any  violation  of  any  of  the  provisions  of  this 
act,  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundred  dollars. 

Sec.  18.  Any  person  who  makes  a  false  affidavit  when 
an  affidavit  is  required  under  this  act  is  guilty  of  a  mis- 
demeanor and  shall,  upon  conviction,  be  punished  by  a 
fine  of  not  less  than  five  dollars  nor  more  than  twenty 
dollars,  and  for  a  second  or  subsequent  conviction  shall 
be  imprisoned  not  more  than  ninety  days. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  US 

Sec.  19.  The  State  prison  inspector  and  his  deputies, 
when  traveling  in  the  performance  of  their  duties  herein 
prescribed,  shall  be  reimbursed  their  actual  traveling 
expenses,  when  approved  by  the  State  prison  inspector 
and  by  the  governor  to  be  paid  on  the  warrant  of  the 
State  auditor. 

Sec.  20.  The  word  "inspector"  is  used  herein  to  desig- 
nate or  mean,  the  State  prison  inspector  or  his  duly  au- 
thorized deputies,  such  deputies  being  hereby  clothed 
with  the  same  duties  and  authority  with  which  the  State 
prison  inspector  is  now  or  may  hereafter  be  clothed.  In 
the  enforcement  of  the  provisions  of  this  act,  the  State 
prison  inspector  and  his  authorized  deputies  are  hereby 
vested  with  the  same  authority  as  deputy  sheriffs  in  each 
and  every  county  in  the  State. 

Sec.  21.  All  laws  and  parts  of  laws  in  conflict  with 
this  act  are  hereby  repealed. 

Sec.  22.  If  any  section  of  this  act  shall  be  held  uncon- 
stitutional, in  whole  or  in  part,  the  fact  shall  not  effect 
any  other  section  of  this  act,  it  being  the  intention  of  the 
Legislature  in  enacting  this  act  to  enact  each  section 
separately. 

Approved  February  24,  1915. 


No.  65.)  AN  ACT  (H.  55. 

To  provide  for  the  filling  of  any  vacant  office,  of  the 
State,  or  any  county,  or  any  municipality,  when  there 
is  no  provision  of  law  for  filling  such  vacancy. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
1.  That  when  any  office  of  the  State,  of  any  county,  or 
municipality  thereof,  is  vacant  from  death,  resignation, 
removal  from  municipality,  county,  or  State,  or  because 
the  former  incumbent  absconds,  or  because  an  incumbent 
has  been  removed  for  ineligibility  or  when  the  office  is 
vacant  from  any  other  cause,  and  there  is  no  way  pro- 
vided by  law  for  the  filling  of  such  vacant  office,  the 
governor  is  hereby  empowered  and  required  to  appoint  a 
qualified  person  to  fill  the  unexpired  term  of  such  office. 
Approved  August  25,  1909. 


144         PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

No.  15.)  AN  ACT  (H.  141. 

To  require  the  board  of  revenue  and  road  commission- 
ers of  Mobile  county  annually  to  levy  a  special  tax  of 
one-fifth  of  one  per  centum  upon  each  one  hundred  dol- 
lars of  all  property  assessed  for  taxation  in  said  county, 
in  addition  to  the  special  taxes  now  levied  therein,  for 
the  support  of  the  public  schools  of  said  county. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  Alabama, 
That  the  board  of  revenue  and  road  commissioners  of 
Mobile  county  be  required  annually  to  levy  a  special  tax 
of  one-fifth  of  one  per  centum  upon  each  one  hundred 
dollars  of  all  property  assessed  for  taxation  in  said  coun- 
ty, in  addition  to  the  special  taxes  now  levied  therein,  for 
the  support  of  the  public  schools  of  said  county. 

Sec.  2.  Said  taxes  shall  be  paid  over  to  the  board  of 
school  commissioners  of  Mobile  county  by  the  tax  collector 
of  Mobile  county  as  rapidly  as  the  same  is  by  him  col- 
lected. 

Sec.  3.  Said  board  of  revenue  and  road  commissioners 
shall  within  fifteen  days  after  the  day  of  approval  of  this 
act,  at  a  special  meeting  thereof  to  be  called  for  that  pur- 
pose, or  at  any  lawful  meeting  held  within  that  period, 
levy  said  tax  for  the  tax  year  of  1909  upon  the  property 
now  assessed  or  to  be  assessed  for  that  year  in  said 
county. 

Approved  August  9th,  1909. 


No.  40.)  AN  ACT  (H.  60. 

To  educate  the  children  of  Alabama  on  the  evil  of 
intemperance. 

Be  it  enacted  hy  the  Legislature  of  Alabama: 
1.  That  it  shall  be  the  duty  of  the  State  superintendent 
of  education  of  the  State  of  Alabama  to  have  prepared  and 
furnished  to  the  teachers  in  the  public  schools  placards 
printed  in  large  type  upon  which  shall  be  set  forth  in 
attractive  style  statistics,  epigrams  and  mottoes  showing 
the  evils  of  intemperance  especially  from  the  use  of  intoxi- 
cating liquors. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  145 

2.  That  it  shall  be  the  duty  of  the  said  State  superin- 
tendent of  Education  to  make  changes  in  the  matter 
printed  on  the  said  placards  from  time  to  time  as  he 
may  deem  proper  and  that  he  shall  at  all  times  keep  the 
public  schools  of  Alabama  provided  with  a  sufficient 
number  of  said  placards  to  post  one  of  them  in  every 
school  room  of  Alabama. 

3.  That  the  expenses  of  printing  and  expressing  the 
said  placards  shall  be  paid  out  of  the  State  treasury  on 
an  account  made  out  by  the  said  State  superintendent  of 
Education  and  approved  by  the  governor  and  the  auditor 
shall  draw  his  warrant  for  the  same. 

4.  That  it  shall  be  the  duty  of  every  public  school 
teacher  in  the  State  to  keep  one  of  the  said  placards 
posted  in  a  conspicuous  place  in  the  school  room  occupied 
by  such  teacher. 

5.  That  it  shall  be  the  duty  of  the  county  superin- 
tendent of  education  and  the  district  trustees  to  assist 
in  the  carrying  out  of  the  provisions  of  this  act. 

6.  That  there  shall  be  one  day  in  each  scholastic  term 
of  the  public  schools  set  apart  to  be  known  as  Temper- 
ance Day  when  a  suitable  program  shall  be  prepared  to 
the  end  that  the  children  of  Alabama  may  be  taught  the 
evils  of  intemperance. 

Approved  August  19th,  1909. 


No.  246.)  AN  ACT  (H.  301. 

To  regulate  and  provide  for  the  location  of  public 
schools  in  school  districts  in  which  are  located  a  manufac- 
turing plant  or  manufacturing  plants,  employing  fifty  or 
more  children  within  the  school  age,  who  are  subject  to 
the  child  labor  law. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  1.  That  it  shall  be  the  duty  of  any  county  board 
of  education  or  the  board  of  education  of  any  town  or 
city  in  which  there  is  located  one  or  more  manufacturing 
plants  employing  fifty  or  more  children  within  the  school 
-age,  who  are  required  by  the  child  labor  law  to  attend 


146  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

school  for  any  certain  length  of  time  during  the  year,  to 
locate,  or  cause  to  be  located,  a  public  school  for  the  ac- 
commodation of  the  children  within  the  school  age  em- 
ployed by  such  manufacturing  plant,  or  plants,  and  tO' 
apportion  to  the  said  schools  so  located  such  proportion 
of  the  school  funds  of  said  district  as  may  be  necessary 
to  run  the  school  or  schools  as  nearly  as  practicable  the 
same  length  of  time  as  the  other  school  or  schools  of  the 
district  are  run;  provided  further,  in  incorporated  cities 
or  towns  in  which  two  or  more  schools  are  maintained 
that  one  or  more  of  said  schools  may  be  designated  by 
the  proper  school  authorities  as  the  school  for  the  accom- 
modation of  the  children  within  school  age  employed  in 
such  plant  or  plants. 

Sec.  2.  All  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed. 

Approved  April  6,  1911. 


No.  345.)  AN  ACT  (S.  222. 

To  provide  for  the  establishment  of  libraries  in  the 
rural  town  and  village  schools  of  Alabama,  to  make  an 
appropriation  therefor,  to  provide  for  their  maintenance 
and  for  their  improvement,  to  authorize  the  commis- 
sioners' court  or  the  board  of  revenue  of  the  several  coun- 
ties to  make  an  appropriation  for  the  establishment  and 
support  of  said  libraries,  and  to  provide  rules  and  regula- 
tions under  which  said  libraries  shall  be  established  and 
maintained. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
Section  1.  That  the  sum  of  one  hundred  dollars 
($100.00)  for  each  county,  in  all  sixty-seven  hundred  dol- 
lars ($6,700.00)  be  and  the  same  is  hereby  appropriated 
annually  out  of  any  moneys  not  otherwise  appropriated 
for  the  purpose  of  establishing  and  maintaining  libraries 
in  the  public  schools  of  Alabama;  provided,  that  the 
provisions  of  this  act  shall  not  apply  to  any  school  located 
in  a  town  or  city  of  more  than  one  thousand  inhabitants. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA         147 

Sec.  2.  That  any  commissioners'  court,  or  board  of 
revenue,  or  other  similar  court  in  any  county  of  this 
State  be  and  the  same  is  hereby  authorized  to  appro- 
priate not  less  than  ten  ($10.00)  dollars,  to  each  district 
public  school  in  the  county  in  any  one  year  for  the  pur- 
pose of  establishing,  maintaining,  enlarging,  or  improv- 
ing public  libraries  in  rural,  village,  or  town  schools; 
provided,  that  no  appropriation  shall  be  made  to  any 
school  located  in  a  town  of  more  thaij  one  thousand  inhab- 
itants. 

Sec.  3.  That  in  order  to  obtain  the  benefits  of  the  pro- 
visions of  this  act,  the  patrons  or  friends  of  any  district 
school  shall  first  raise  a  sum  of  not  less  than  ten  ($10.00) 
dollars,  and  deposit  the  said  amount  with  the  county 
superintendent  of  education.  He  shall  within  ten  days, 
certify  to  the  commissioners'  court  or  other  similar  court 
or  board  of  the  said  county,  the  fact  of  the  said  deposit, 
and  request  action  thereon.  Thereupon  the  said  court 
or  board  shall  at  once,  or  at  the  first  term  following  the 
receipt  of  the  notice,  consider  the  application,  and  shall 
either  dismiss  the  same  or  make  an  appropriation  of  not 
less  than  ten  ($10.00)  dollars.  If  the  appropriation  shall 
be  made,  the  probate  judge  or  other  presiding  officer  of 
the  court  or  board  shall  on  the  same  date  certify  the  fact 
to  the  county  superintendent  of  education,  who  shall  im- 
mediately thereafter,  transmit  the  same  to  the  State  su- 
perintendent of  education.  On  receipt  of  notice  the  State 
superintendent  shall  make  a  requisition  upon  the  State 
auditor  for  the  sum  of  ten  ($10.00)  dollars,  in  order  to 
meet  such  donation  and  appropriation.  The  said  war- 
rant shall  be  drawn  in  favor  of  the  county  treasurer  of 
school  funds,  to  whom  shall  also  be  at  once  paid  over  by 
the  county  superintendent  of  education  the  amount  first 
collected  by  voluntary  subscription,  and  the  sum  appro- 
priated by  the  county.  An  account  of  said  sums  so  re- 
ceived shall  be  kept  separate ;  and  they  shall  be  paid  out 
by  him  as  hereinafter  directed. 

Sec.  4.  That  the  State  superintendent  of  education, 
with  the  assistance  of  the  director  of  the  department  of 
archives  and  history,  shall  compile  and  publish  a  carefully 
selected  and  annotated  list  of  books  from  which  the 


148  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

libraries  herein  provided  shall  be  chosen,  and  they  shall 
also  adopt  and  publish  rules  and  regulations  for  the 
choice  of  books,  their  uses,  preservation  and  circulation,, 
the  erection  of  book  shelves  or  book  cases,  and  the  equip- 
ment of  library  rooms  or  buildings,  and  the  training  of 
librarians  or  custodians  for  the  libraries.  The  selection 
shall  be  as  nearly  as  possible  representative  of  the  whole 
field  of  literature,  and  maximum  prices  for  purchase  shall 
be  indicated. 

Sec.  5.  That  the  local  board  of  trustees  of  the  district 
in  which  the  school  is  located,  and  to  which  a  library  is. 
granted,  shall  constitute  a  library  board  charged  with  the 
administration  of  the  library  as  other  school  property, 
and  they  are  hereby  charged  with  the  same  care  and 
attention  in  connection  therewith  as  of  the  school  grounds, 
the  school  building  or  buildings,  and  the  school  equipment. 
They  shall  select  the  librarian  or  custodian,  who  shall  be 
the  teacher,  if  he  or  she  will  consent  to  act,  and  they  shall 
see  that  the  rules  prescribed  herein  are  carried  out,  but 
if  the  librarian  is  other  than  the  teacher,  such  person 
shall  be  under  the  direction  of  the  teacher  as  the  repre- 
sentative of  the  district  board  of  trustees.  They  shall 
provide  a  suitable  book-case,  or  book-cases,  with  lock  and 
key,  for  the  preservation  of  the  library. 

Sec.  6.  That  the  selection  and  purchase  of  the  books 
from  the  authorized  list  shall  be  made  by  the  district 
board  of  trustees,  upon  the  recommendation  of  the  teacher 
or  of  any  patron  or  friend  of  the  school.  After  the  order 
therefor  shall  be  placed,  on  receipt  of  notice  of  the  deliv- 
ery of  the  books,  the  county  treasurer  of  school  funds 
shall  draw  a  warrant  or  check  to  cover  the  charges,  in- 
cluding the  freight.  Vouchers  or  bills  in  duplicate  shall 
be  made  out,  one  copy  for  the  county  treasurer  of  school 
funds,  and  one  copy  to  be  sent  by  the  bookseller  or  dealer 
to  the  State  superintendent  of  education. 

Sec.  7.  That  all  unexpended  balances  on  the  first  day 
of  October  each  year  shall  be  reapportioned  equally  among 
all  the  counties  of  the  State. 

Sec.  8.  That  no  person  charged  with  any  duties  here- 
under shall  receive  any  compensation  or  commission  for 
his  or  her  services. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  149 

Sec.  9.  That  all  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  be  and  the  same  are  hereby 
repealed.  Provided  this  act  shall  take  effect  when  in  the 
opinion  of  the  governor  the  condition  of  the  State  treas- 
ury will  justify  the  appropriation  herein  provided  for. 

Approved  April  13th,  1911. 


No.  673.)  AN  ACT  (H.  1554. 

To  provide  for  the  holding  of  teachers'  institutes  in  this 
State,  to  authorize  the  employment  of  institute  conduc- 
tors, and  to  make  necessary  appropriations  for  the  same. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  the  sum  of  $6,500  be  appropriated  annually 
out  of  the  general  educational  fund  for  the  purpose  of 
defraying  the  expenses  of  holding  and  conducting  insti- 
tutes for  the  teachers  of  this  State. 

2.  That  a  teachers'  institute  shall  be  held  each  year  in 
the  several  counties  of  the  State  or  such  groups  of  coun- 
ties as  the  State  superintendent  of  education  may  desig- 
nate. The  time  for  holding  the  institutes  shall  be  fixed 
by  the  State  superintendent  of  education  after  consulta- 
tions with  the  county  boards  of  education  concerned. 

3.  That  for  the  purpose  of  conducting  these  institutes, 
the  State  superintendent  of  education  is  authorized  to 
employ  persons  of  recognized  ability  to  conduct  the  same 
under  his  direction,  and  to  pay  the  persons  so  employed 
such  salaries  and  expenses  as  may  be  required  and  as  the 
funds  will  permit. 

4.  That  it  is  hereby  made  the  duty  of  teachers  to  at- 
tend an  institute  for  four  full  days  in  each  scholastic  year, 
and  no  teacher  shall  be  employed  in  any  elementary  or 
high  school  supported  in  whole  or  in  part  from  public 
funds,  unless  such  teacher  shall  file  with  the  board  of 
education  of  the  county  or  the  incorporated  city  or  town, 
as  the  case  may  be,  a  certificate  showing  that  such  teacher 
has  attended  a  county  institute  for  four  full  days  within 
twelve  months  next  preceding  the  date  such  teacher  is  to 
begin  work  under  his  contract,  or  that  such  teacher  has 


160  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

attended  an  institution  of  higher  learning  and  pursued  a 
course  of  professional  study  for  at  least  three  weeks  dur- 
ing the  scholastic  year  in  which  the  institute  is  held; 
provided  that  the  State  superintendent  of  education  shall 
have  power  to  excuse  teachers  from  institute  attendance 
for  extraordinary  reasons,  and  to  this  end  he  shall  make 
rules  and  regulations  governing  the  same;  provided 
further,  that  the  signed  statement  of  the  State  superin- 
tendent of  education  that  any  teacher  is  excused  by  him 
shall  be  accepted  in  lieu  of  the  certificate  of  institute 
attendance  required  in  this  section. 

5.  That  the  county  board  of  education  and  the  boards 
of  education  of  all  incorporated  cities  and  towns  shall 
cause  all  the  schools  under  their  control  for  any  race  for 
which  a  teachers'  institute  is  being  held  in  a  county  or  in 
a  group  of  counties,  to  be  suspended  during  the  time  of 
the  holding  of  such  institute,  and  the  contract  of  any 
teacher  who  fails  to  attend  an  institute  so  held  shall  there- 
by be  voided  with  the  county  superintendent  of  education 
a  written  statement  that  he  has  excused  for  good  and 
sufficient  reasons,  the  teacher  failing  to  attend  said  insti- 
tute. The  conductor  of  any  institute  shall  issue  a  certifi- 
cate of  attendance  to  each  teacher  attending  the  sessions 
of  the  institute,  and  shall  make  in  duplicate  a  list  of  all 
teachers  present  at  the  institute  for  the  required  time  and 
of  those  excused  by  him,  and  he  shall  file  a  copy  of  said 
list  with  the  county  superintendent  of  education  and 
shall  send  the  original  to  the  State  superintendent  of 
education. 

6.  That  each  teacher  attending  an  institute  shall  pay 
to  the  county  superintendent  of  education  a  fee  of  not 
less  than  fifty  cents  and  not  more  than  a  dollar,  which 
shall  be  used  to  supplement  the  State  fund  appropriated 
by  this  act  for  the  maintenance  of  teachers'  institutes. 

7.  That  the  funds  appropriated  under  this  act  shall  be 
used  for  the  payment  of  the  salaries  and  expenses  of  the 
institute  conductors  and  for  such  other  expenses  as  may 
be  necessary  to  make  this  act  of  the  greatest  benefit  to 
the  teachers  of  the  State;  and  the  State  auditor  shall, 
upon  the  approval  of  the  State  superintendent  of  educa- 
tion, issue  warrants  on  the  State  treasury  for  said  salaries 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  151 

and  expenses ;  provided  that  the  institute  conductor  shall 
be  paid  as  other  State  officers  are  paid ;  provided  further 
that  all  unexpended  balances  remaining  to  the  credit  of 
the  institute  fund,  for  the  year  ending  September  30, 
1915,  shall  be  conveyed  into  the  State  treasury,  to  be 
drawn  out  upon  the  requisition  of  the  State  superintend- 
ent of  education  in  the  same  manner  that  the  appropria- 
tion under  this  act  is  drawn,  and  all  unexpended  balances 
after  the  above  date  at  the  end  of  any  fiscal  year  shall 
remain  to  the  credit  of  said  institute  fund,  to  be  expended 
in  any  following  year. 

8.  That  all  laws  and  parts  of  laws  in  conflict  with  this 
act  be  and  the  same  are  hereby  repealed. 

Approved  September  23,  1915. 


No.  277.)  AN  ACT  (S.  400. 

To  provide  for  the  disposition  of  the  property  of  edu- 
cational corporations  whose  stockholders  are  unknown  or 
where  the  amount  or  number  of  shares  are  unknown. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  where  the  charter  of  any  educational  corpora- 
tion organized  under  the  laws  of  this  State,  general  or 
special,  provides  for  the  issuance  of  stock  and  such  stock- 
holders are  unknown  or  where  the  amount  or  number  of 
shares  are  unknown  the  property  of  such  corporation 
may  be  disposed  of  as  follows : 

2.  The  acting  trustees  or  directors  having  peaceable 
charge  of  the  business  and  property  of  said  corporation 
whether  legally  elected  or  not  may  contract  to  sell  or 
otherwise  dispose  of  the  property  of  such  corporation 
in  such  manner  as  they  may  deem  best  to  carry  out  the 
purposes  of  said  corporation  which  action  must  be  con- 
curred in  by  a  majority  of  such  acting  trustees  or  direc- 
tors. 

3.  That  within  thirty  days  after  making  such  contract 
or  agreement  such  trustees  or  directors  shall  cause  to  be 
filed  in  the  name  of  such  corporation  in  the  chancery  court 
of  the  district  in  which  such  property  or  the  principal 


162  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

part  thereof  is  situated  a  petition  in  writing  verified  by- 
affidavit  setting  forth  the  purposes  of  such  corporation 
and  that  the  stockholders  are  unknown  or  that  the  amount 
or  number  of  shares  are  unknown  and.  setting  out  the  sale 
or  disposition  contemplated  and  that  in  the  judgment  of 
such  trustees  or  a  majority  of  them  such  disposition  is 
best  to  carry  out  the  purposes  of  such  corporation.  If  any 
of  such  stockholders  are  known  such  petition  shall  also 
set  out  their  names  and  residence  if  known. 

4.  On  the  filing  of  such  petition  the  register  shall  cause 
publication  to  be  made  as  to  such  unknown  or  non-resi- 
dent stockholders  as  provided  by  law  for  publication  as 
to  non-residents  on  the  filing  of  bills  in  chancery  and  he 
shall  issue  a  summons  to  all  resident  stockholders  named 
in  the  petition  which  shall  be  served  as  other  summons 
and  the  same  proceedings  had  as  to  all  the  known  stock- 
holders named  in  the  petition  as  provided  for  bills  in 
chancery. 

5.  Within  the  time  allowed  for  pleading  to  bills  in 
chancery  any  known  or  unknown  stockholders  may  come 
in  and  propound  his  claim  and  contest  such  disposition  if 
he  deem  proper  and  such  petition  shall  be  heard  as  other 
bills  in  chancery  and  such  disposition  confirmed  or  set 
aside  or  such  disposition  made  of  said  property  as  the 
equities  of  the  case  may  require. 

6.  If  such  petition  is  not  contested  within  the  time 
allowed  for  pleading  to  bills  in  chancery  the  same  may 
be  submitted  to  the  chancellor  in  term  time  or  vacation 
on  affidavits  and  the  character  of  said  corporation  or  a 
certified  copy  thereof  and  he  may  render  a  decree  thereon 
in  term  time  or  vacation  ratifying  such  sale  or  disposition 
or  modifying  the  same  and  prescribing  such  terms  and 
restrictions  as  he  may  deem  best  for  carrying  out  the  pur- 
poses of  such  corporation  and  authorizing  a  conveyance 
of  such  property  by  such  trustees  or  the  president  and  sec- 
retary of  said  board  which  shall  convey  to  the  grantee  all 
the  title  of  said  corporation  or  of  any  stockholders  thereof 
in  said  property  subject  to  the  restrictions  contained  in 
such  decree  or  he  may  refuse  to  ratify  such  disposition. 

7.  If  any  money  is  paid  under  such  decree  the  same 
shall  be  paid  to  the  register  to  be  distributed  under  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  163 

orders  of  the  court  to  the  parties  entitled  thereto  on 
proper  proof. 

8.  Any  party  contesting  such  petition  may  at  any  time 
within  sixty  days  after  the  rendition  of  such  decree  pros- 
ecute an  appeal  to  the  Supreme  Court  as  on  final  decrees 
on  bills  in  chancery  and  such  appeal  may  also  be  taken 
by  such  acting  trustees  or  directors  in  the  name  of  such 
corporation. 

9.  That  all  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed. 

Approved  April  8,  1911. 


No.  199.)  AN  ACT  (H.  674. 

To  establish  a  State  school  for  teaching  agriculture 
and  domestic  economy  at  Lineville,  Alabama,  to  provide 
for  the  management  and  control  thereof,  and  to  make 
appropriation  to  support  said  school. 

Be  it  enacted  by  the  Legislature  of  Alabama,  as  fol- 
lows: 

Section  1.  That  there  is  hereby  established  at  Line- 
ville, Clay  county,  Alabama,  a  school  for  teaching  agri- 
culture and  domestic  economy  to  be  known  as  the  "North 
East  Alabama  Agricultural  and  Industrial  Institute. 

Sec.  2.  The  said  school  shall  be  under  the  supervision 
and  direction  of  a  board  of  control  to  be  composed  of  the 
following  members :  The  State  superintendent  of  educa- 
tion, the  commissioner  of  agriculture  and  industries,  the 
governor  and  two  men  who  shall  be  residents  of  the  con- 
gressional district  wherein  said  school  is  located.  Said 
two  members  shall  be  appointed  by  the  governor,  and 
shall  hold  office  for  four  years  and  until  their  successors 
are  appointed  and  qualified.  The  members  of  said  board 
of  control  shall  not  receive  any  compensation  other  than 
traveling  expenses  actually  incurred  in  attending  meet- 
ings of  said  board.  Said  board  shall  elect  a  treasurer  for 
such  school,  prescribe  his  compensation,  fix  his  bond,  and 
provide  for  the  approval  thereof. 


IM         PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

Sec.  3.  The  said  board  of  control  shall  elect  all  neces- 
sary officers,  teachers  and  other  employees,  fix  their  com- 
pensation, time  of  office  and  prescribe  their  duties;  they 
shall  make  all  necessary  rules  and  regulations  for  the 
government  and  control  of  said  school.  The  said  board 
of  control  shall  prescribe  the  course  of  study  for  said 
school  but  instruction  shall  be  given  in  the  elements  of 
agriculture,  including  instruction  concerning  the  soil, 
plant  life  and  animal  life  of  the  farm.  The  course  of 
study  shall  also  include  the  teaching  of  manual  training, 
domestic  economy  and  a  system  of  keeping  farm  accounts 
and  such  other  kindred  subjects  as  may  be  prescribed. 

Sec.  4.  The  said  board  of  control  may  provide  for  the 
collection  of  a  matriculation  fee  from  each  pupil  entering 
said  school,  which  shall  not  exceed  the  amount  fixed  as  a 
matriculation  fee  for  county  high  schools.  Said  board 
shall  make  all  necessary  provisions  for  drawing  the  funds 
appropriated  for  the  support  of  said  school  and  for  dis- 
bursing the  same. 

Sec.  5.  For  the  support  of  said  school  there  is  hereby 
made  an  annual  and  continuing  appropriation  of  three 
thousand  dollars,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  and  shall  be  payable  quarterly 
beginning  on  the  first  day  of  October,  1911,  and  shall  be 
used  for  no  other  purpose  except  the  payment  of  the  sal- 
aries of  teachers  in  said  school.  Said  appropriation  shall 
be  drawn  on  the  certificate  of  the  superintendent  of  edu- 
cation to  the  State  auditor  to  draw  his  warrant  in  favor 
of  the  treasurer  of  said  school,  approved  by  the  governor. 

Sec.  6.  The  said  school  shall  be  open  to  students  of 
the  white  race,  over  the  age  of  seven  years  residing  in 
Alabama,  provided  that  when  students  of  advanced  age 
attend  such  school  in  sufficient  number  special  classes 
shall  be  organized  for  them,  and  continued  for  such 
time  as  may  be  necessary. 

Sec.  7.  This  act  shall  not  go  into  effect  until  a  suitable 
brick  building  situated  on  a  tract  of  land  of  not  less  than 
ten  acres  in  area  has  been  provided  for  said  school  and 
the  same  has  been  conveyed  by  deed  without  cost  or 
expense  to  the  State  of  Alabama.  Said  building  and 
land  shall  be  of  not  less  than  twenty  thousand  dollars  in 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  155 

value,  which  valuation  shall  be  determined  by  the  super- 
intendent of  education  and  his  certificate  as  to  such  valua- 
tion shall  accompany  the  deed  to  the  State. 
Approved  March  31,  1911. 


No.  336.)  AN  ACT  (H.  238. 

To  create  and  establish  a  reform  school  for  the  train- 
ing of  juvenile  negro  law-breakers  at  Mount  Meigs,  Ala- 
bama ;  to  make  appropriations  for  the  purpose  and  accept 
by  donation  all  such  lands  and  buildings  as  are  needful 
therefor;  to  create  a  board  of  trustees  and  to  provide 
for  the  suitable  management  of  said  institution. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  there  is  hereby  created  and  established  at 
Mount  Meigs,  Montgomery  county,  Alabama,  a  reform 
school  for  educating  and  training  juvenile  negro  law- 
breakers, to  be  governed  and  controlled  by  a  board  of 
trustees,  composed  of  the  governor,  the  superintendent 
of  education,  and  seven  other  trustees,  five  of  whom 
may  be  negro  women  who  are  interested  in  the  proper 
education  and  training  of  juvenile  negro  law-breakers, 
to  be  appointed  by  the  governor  by  and  with  the  advice 
and  consent  of  the  senate. 

2.  The  school  shall  be  a  corporation  named  and  called 
"The  Alabama  Reform  School  for  Juvenile  Negro  Law- 
Breakers"  and  by  that  name  may  require  and  hold  real 
and  personal  property,  contract  and  sue,  and  have  all 
other  powers  necessary  for  conducting  such  an  educa- 
tional institution. 

3.  The  school  is  established  for  the  proper  education 
and  training  of  juvenile  negro  law-breakers,  as  may  be 
lawfully  committed  to  it.  The  course  of  instruction  in 
the  school  shall  include  a  common  school  education,  with 
a  thorough  training  in  agriculture  and  industries,  and 
giving  special  attention  to  moral  training  so  as  to  make 
him  a  self  respecting,  industrious,  good  citizen.  Pro- 
vided, that  no  criminal  over  the  age  of  15  years  shall  be 
admitted  to  said  institution. 


166  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

4.  The  board  of  trustees  accept  land  and  building  at 
Mount  Meigs  where  the  reformatory  is  now  located,  and 
known  as  the  "reformatory  for  negro  boys,"  under  the 
management  of  the  State  federation  of  colored  women's 
clubs,  incorporated  under  the  laws  of  Alabama.  The 
board  of  trustees  shall  take  charge  of  the  property  and 
school  and  manage  and  control  it  under  this  act.  The 
term  of  office  of  two  of  the  men  and  two  of  the  women 
first  appointed  under  this  act,  shall  expire  on  Monday 
after  tHe  second  Tuesday  in  January,  1913,  and  their 
successors  shall  hold  the  full  term  of  eight  years.  The 
other  trustees  appointed  under  this  act  shall  hold  office 
of  trustees  until  Monday  after  the  second  Tuesday  in 
January,  1915,  and  their  successors  shall  hold  office  for 
a  term  of  eight  years.  If  any  trustee  should  die,  or  resign 
the  governor  shall  appoint  a  successor  to  hold  for  the 
unexpired  term.  All  trustees  for  the  school  shall  be 
appointed  by  the  governor  by  and  with  the  consent  and 
advice  of  the  senate. 

5.  The  trustees  shall  have  the  power  to  govern  and 
control  the  school  in  all  things,  to  prescribe  the  quali- 
fications of  the  officers  and  teachers,  fix  their  term  of 
office,  and  elect  them  to  and  remove  them  from  office 
whenever  the  good  of  the  school  requires  it.  They  shall 
have  the  power  to  require  of  any  officer  or  agent  of  the 
school  a  bond  and  the  power  to  fix  the  penalty  and  pre- 
scribe the  conditions  thereof. 

6.  The  authorities  of  the  school  shall  receive  every 
negro  boy  who  may  be  committed  to  it  by  an  order  or 
judgment  of  any  court  of  record  to  the  State  of  Alabama, 
and  support,  govern  and  teach  the  boy  until  he  shall  be 
of  the  age  of  eighteen  years  or  legally  discharged  from  the 
school. 

7.  The  trustees  are  hereby  authorized  and  empowered 
to  accept  a  proper  deed  from  the  "State  Federation  of 
Colored  Women's  Clubs"  a  corporation,  to  the  twenty 
(20)  acres  of  land  and  all  improvements  situated  thereon 
and  may  buy  such  other  lands  and  buildings  in  connec- 
tion with  said  institution  as  they  may  deem  proper,  hav- 
ing regard  to  the  healthfulness  of  the  location,  its  sur- 
roundings, and  accessibility  to  the  railroad;  and  shall 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  167 

have  authority  to  erect  thereupon,  any  and  all  buildings, 
structures  or  machinery  of  every  kind,  suitable  and  neces- 
sary for  the  use  and  maintenance  of  the  school.  Provided, 
however,  that  before  any  appropriation  hereinafter  made, 
shall  be  used  or  available  until  the  execution  of  a  deed  in 
fee  simple  to  the  State  of  Alabama,  of  the  lands  and 
huildings  thereon  hereinabove  defined;  which  deed  shall 
"be  to  the  State  of  Alabama  for  the  specific  purposes  named 
in  this  act ;  and  unless  such  property  so  deeded  is  accepted 
and  used  by  the  State  of  Alabama  for  such  purposes,  then 
the  same  shall  revert  to  the  said  "State  Federation  of 
Colored  Women's  Clubs,"  a  corporation. 

8.  For  the  support  and  maintenance  of  the  school  there 
is  hereby  appropriated  the  sum  of  one  dollar  and  seventy- 
five  cents  per  week  for  every  boy  lawfully  attending  and 
being  instructed  in  the  school,  which  shall  be  paid  month- 
ly upon  the  sworn  statement  of  the  president  of  the  school 
and  approved  by  the  governor,  out  of  the  State  treasury. 
The  expenses  for  transporting  such  boy,  including  the 
expenses  of  one  guard,  shall  be  paid  out  of  the  State 
treasury  upon  the  sworn  statement  of  the  president  of  the 
school  and  approved  by  the  governor. 

9.  The  board  of  trustees  in  charge  of  said  school,  are 
hereby  given  power  and  authority  to  make  all  such  rules 
and  regulations  as  may  be  needful  to  the  successful  opera- 
tion of  said  school  and  for  the  employment  of  all  such 
guards  as  may  be  necessary  in  the  successful  manage- 
ment and  control  of  said  school,  and  to  fix  the  salaries  to 
be  paid  such  guards  and  to  limit  the  number  thereof, 
which  salaries  shall  be  paid  monthly  upon  the  sworn 
statement  of  the  president  of  the  school  and  approved 
by  the  governor,  out  of  the  State  treasury. 

10.  The  earnings  and  all  other  revenue  derived  from 
whatever  source,  shall  be  delivered  to  the  board  of  trus- 
tees and  used  by  such  board  for  such  purposes  as  such 
board  of  trustees  may  deem  proper.  Or  such  earnings 
may  at  the  discretion  of  the  said  board  of  trustees,  be 
paid  in  whole  or  in  part,  in  the  State  treasury. 

11.  For  the  purpose  of  all  land  needful  and  the  erection 
of  buildings  on  any  of  the  land  acquired  under  the  pro- 
visions of  this  act,  there  is  hereby  appropriated  out  of 


168  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

the  state  treasury,  the  sum  of  $8,000.00  to  be  paid  in 
quarterly  annual  installments,  upon  the  certificate  of 
the  trustees  with  the  approval  of  the  governor,  in  pro- 
viding the  necessary  buildings,  lands  and  equipments  for 
the  school. 
Approved  April  24,  1911. 


No.  76.)  AN  ACT  (S.  316— Lusk. 

To  further  regulate  the  employment  of  a  land  agent, 
or  clerk,  in  the  office  of  the  auditor;  to  prescribe  his 
duties,  fix  his  compensation,  define  his  powers  and  duties,, 
and  repeal  all  laws  in  conflict  herewith. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  the  State  auditor  shall  have  charge  of  all  lands 
which  have  been  sold  to  the  State  for  taxes  unpaid;  all 
"16th  section"  lands ;  all  school  indemnity  lands ;  the  salt 
springs  lands  reservation ;  and  all  swamp  and  overflowed 
lands,  and  of  all  papers,  documents  and  records  relating 
thereto,  except  those  which  are  required  by  law  to  be  kept 
in  the  office  of  the  secretary  of  State. 

2.  That  to  enable  the  State  auditor  to  discharge  effec- 
tively and  with  benefit  to  the  public  his  duties  hereunder 
he  shall  appoint  a  land  clerk,  with  the  approval  of  the 
governor,  who  has  had  experience  in  dealing  with  public 
lands  and  who  understands  the  system  of  survey  and 
platting  of  the  public  lands  of  the  United  States,  and 
who  shall  be  paid  a  salary  of  one  hundred  and  fifty  dol- 
lars a  month,  as  other  clerks  in  the  executive  department 
are  paid.  This  section  shall  not  be  so  construed  as 
authority  for  the  employment  of  an  additional  clerk  in 
the  auditor's  office  to  those  now  employed  therein. 

3.  That  whenever  in  the  judgment  of  the  governor,  or 
auditor,  it  is  proper  that  any  land  described  in  this  act 
should  be  examined  or  evidence  obtained  for  the  pro- 
tection of  any  of  these  lands,  the  land  clerk  may  be 
sent  to  make  such  examination  or  to  obtain  such  evidence, 
and  his  actual  expenses  shall  be  paid,  upon  his  filing  with 
the  auditor  a  statement  thereof  by  items,  sworn  to. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  159 

4.  That  sections  886,  892,  893,  894,  895,  896  and  897 
■of  the  Code  be  and  the  same  are  hereby  severally  re- 
pealed. 

Approved  June  19,  1915. 


No.  37.)  AN  ACT  (S.  168. 

To  provide  for  the  creation  of  a  commission  for  the 
removal  of  adult  illiteracy  in  Alabama,  to  be  known  as 
"The  Alabama  Illiteracy  Commission,"  and  to  provide 
ior  the  duties  and  powers  thereof. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  there  is  hereby  created  a  commission  to  be 
Icnown  as  "The  Alabama  Illiteracy  Commission,"  which 
shall  be  composed  of  five  persons,  both  men  and  women, 
including  the  State  superintendent  of  education,  who 
shall  be  ex-officio  a  member  thereof.  The  commissioners 
shall  be  appointed  by  the  governor  and  shall  be  selected 
for  their  fitness,  ability  and  experience  in  matters  of 
education,  and  their  acquaintance  with  the  conditions 
of  illiteracy  in  the  State  of  Alabama  and  its  various  com- 
munities. 

2.  That  the  members  of  the  commission  shall  be  and 
are  hereby  constituted  a  body  corporate  with  all  the 
powers  necessary  to  carry  into  effect  all  the  purposes  of 
this  act.  The  commissioners  after  their  appointment 
and  qualification,  shall  organize  by  electing  from  their 
membership  a  president  and  a  secretary-treasurer.  The 
secretary-treasurer  shall  execute  a  bond  to  the  State  of 
Alabama  in  a  reputable  bonding  company  and  in  such 
an  amount  as  the  commission  may  approve,  for  the  faith- 
ful performance  of  the  duties  of  his  office  and  for  the 
proper  handling  and  accounting  of  all  properties  and 
monies  which  may  come  into  his  hands  by  virtue  of  his 
office;  provided,  that  the  secretary-treasurer  may  be 
removed  by  the  commission  and  a  successor  appointed  by 
the  commission  in  its  discretion. 

3.  That  it  shall  be  the  duty  of  the  commission  and  it 
shall  have  the  power  to  make  research,  collect  data,  and 


160  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

procure  the  services  of  any  and  all  communities  of  the 
State  looking  to  the  obtaining  of  a  more  detailed  and 
definite  knowledge  as  to  the  true  conditions  of  the  State 
in  regard  to  its  adult  illiteracy,  and  report  regularly  the 
results  of  its  labors  to  the  governor,  and  to  perform  any 
other  act  which  in  its  discretion  will  contribute  to  the 
elimination  of  the  State's  adult  illiteracy  by  means  of 
the  education  and  enlightenment  of  illiterate  persons  in 
the  State  of  Alabama;  and  the  commission  shall  expend 
any  funds  or  use  anything  of  value  which  it  may  receive 
in  accordance  with  such  regulations  as  it  may  from  time 
to  time  adopt;  provided,  however,  that  any  or  all  funds 
which  may  come  into  the  hands  of  the  commission  shall 
be  expended  in  keeping  with  the  general  purposes  of 
this  act. 

4.  That  the  commission  shall  adopt  such  rules  and 
regulations  as  may  seem  expedient  for  carrying  on  its 
business  in  a  manner  which  shall  seem  to  it  most  satis- 
factory. 

5.  That  the  members  of  this  commission  shall  receive 
no  compensation  for  their  services  nor  expenses  of  any 
kind  out  of  the  State  treasury,  but  they  shall  be  reim- 
bursed out  of  any  funds  which  may  come  into  the  hands 
of  the  commission  from  other  sources  for  the  use  of  the 
commission  for  their  actual  traveling  and  other  necessary 
expenses  incurred  in  the  performance  of  their  duties. 

Approved  February  9,  1915. 


No.  119.)  AN  ACT  (S.  182. 

To  prohibit  the  employment  of  public  school  teachers 
of  less  than  seventeen  years  of  age,  and  to  provide  for 
the  education  of  pupils  of  any  school  having  less  than 
ten  pupils. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  on  and  after  October  1,  1915,  no  person  shall 

be  employed  as  a  teacher  in  any  public  school  in  the 

State  who  is  not  at  least  seventeen  years  of  age,  and 

after  December  1,  1915,  if  the  attendance  in  any  school 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  161 

shall  fall  below  ten,  then  the  county  board  of  education 
is  authorized  to  make  the  best  arrangements  it  can  for 
the  education  of  those  children. 
Approved  February  20,  1915. 


EDUCATION  ARTICLE  OF  THE  CONSTITUTION. 

ARTICLE  XIV. 

EDUCATION. 

256.  The  Legislature  shall  establish,  organize  and 
maintain  a  liberal  system  of  public  schools  throughout 
the  State  for  the  benefit  of  the  children  thereof  between 
the  ages  of  seven  and  twenty-one  years.  The  public  school 
fund  shall  be  apportioned  to  the  several  counties  in  pro- 
portion to  the  number  of  school  children  of  school  age 
therein,  and  shall  be  so  apportioned  to  the  schools  in  the 
districts  or  townships  in  the  county  as  to  provide,  as 
nearly  as  practicable,  school  terms  of  equal  duration  in 
such  school  districts  or  townships.  Separate  schools 
shall  be  provided  for  white  and  colored  children,  and  no 
child  of  either  race  shall  be  permitted  to  attend  a  school 
of  the  other  race. 

257.  The  principal  of  all  funds  arising  from  the  sale 
or  other  disposition  of  lands  or  other  property,  which 
has  been  or  may  hereafter  be  granted  or  entrusted  to  this 
State  or  given  by  the  United  States  for  educational  pur- 
poses shall  be  preserved  inviolate  and  undiminished  and 
the  income  arising  therefrom  shall  be  faithfully  applied 
to  the  specific  object  of  the  original  grants  or  appropria- 
tions. 

258.  All  lands  or  other  property  given  by  individuals, 
or  appropriated  by  the  State  for  educational  purposes, 
and  all  estates  of  deceased  persons  who  die  without  leav- 
ing a  will  or  heir  shall  be  faithfully  applied  to  the  main- 
tenance of  the  public  schools. 

259.  All  poll  taxes  collected  in  this  State  shall  be  ap- 
plied to  the  support  of  the  public  schools  in  the  respective 
counties  where  collected. 

esc 


162.-         PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

260.  The  income  arising  from  the  sixteenth  section 
trust  fund,  the  surplus  revenue  fund,  until  it  is  called 
for  by  the  United  States  government,  and  the  funds 
enumerated  in  sections  257  and  258  of  this  Constitution, 
together  with  a  special  annual  tax  of  thirty  cents  on 
each  one  hundred  dollars  of  taxable  property  in  this  State, 
which  the  Legislature  shall  levy,  shall  be  applied  to  the 
support  and  maintenance  of  the  public  schools,  and  it 
shall  be  the  duty  of  the  Legislature  to  increase  the  public 
school  fund  from  time  to  time,  as  the  necessity  therefor 
and  the  condition  of  the  treasury  and  the  resources  of  the 
State  may  justify;  provided,  that  nothing  herein  con- 
tained shall  be  so  construed  as  to  authorize  the  Legisla- 
ture to  levy  in  any  one  year  a  greater  rate  of  State  taxa- 
tion for  all  purposes,  including  schools,  than  sixty-five 
cents  on  each  one  hundred  dollars  worth  of  taxable 
property ;  and  provided  further,  that  nothing  herein  con- 
tained shall  prevent  the  Legislature  from  first  providing 
for  the  payment  of  the  bonded  indebtedness  of  the  State 
and  interest  thereon  out  of  all  the  revenues  of  the  State. 

261.  Not  more  than  four  per  cent,  on  all  moneys  raised, 
or  which  may  hereafter  be  appropriated  for  the  support 
of  public  schools,  shall  be  used  or  expended  otherwise 
than  for  the  payment  of  teachers  employed  in  such 
schools ;  provided,  that  the  Legislature  may,  by  a  vote  of 
two-thirds  of  each  house,  suspend  the  operation  of  this 
section. 

262.  The  supervision  of  the  public  schools  shall  be 
vested  in  a  superintendent  of  education,  whose  powers, 
duties  and  compensation  shall  be  fixed  by  law. 

263.  No  money  raised  for  the  support  of  the  public 
schools  shall  be  appropriated  to  or  used  for  the  support 
of  any  sectarian  or  denominational  school. 

264.  The  State  University  shall  be  under  the  manage- 
ment and  control  of  a  board  of  trustees  which  shall  con- 
sist of  two  members  from  the  congressional  district  in 
which  the  University  is  located,  one  from  each  of  the 
other  congressional  districts  in  the  State,  the  superin- 
tendent of  education  and  the  governor  who  shall  be  ex- 
officio  president  of  the  board.  The  members  of  the  board 
of  trustees  as  now  constituted  shall  hold  office  until  their 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  163 

respective  terms  expire  under  existing  law,  and  until 
their  successors  shall  be  elected  and  confirmed  as  here- 
inafter required.  Successors  to  these  trustees  whose 
terms  expire  in  nineteen  hundred  and  two  shall  hold  office 
until  nineteen  hundred  and  seven;  successors  to  those 
trustees  whose  terms  expire  in  nineteen  hundred  and  four 
shall  hold  office  until  nineteen  hundred  and  eleven;  suc- 
cessors to  those  trustees  whose  terms  expire  in  nineteen 
hundred  and  six  shall  hold  office  until  nineteen  hundred 
and  fifteen;  and  thereafter  their  successors  shall  hold 
office  for  a  term  of  twelve  years.  When  the  term  of  any 
member  of  such  board  shall  expire,  the  remaining  mem- 
bers of  the  board  shall  by  secret  ballot  elect  his  successor ; 
provided,  that  any  trustee  so  elected  shall  hold  office  from 
the  date  of  his  election,  until  his  confirmation  or  rejec- 
tion by  the  Senate,  and,  if  confirmed,  until  the  expiration 
of  the  term  for  which  he  was  elected,  and  until  his  suc- 
cessor is  elected.  At  every  meeting  of  the  Legislature  the 
superintendent  of  education  shall  certify  to  the  Senate 
the  names  of  all  who  have  been  so  elected  since  the  last 
session  of  the  Legislature,  and  the  Senate  shall  confirm 
or  reject  them,  as  it  shall  determine  is  for  the  best  inter- 
est of  the  University.  If  it  rejects  the  names  of  any 
members,  it  shall  thereupon  elect  trustees  in  the  stead  of 
those  rejected.  In  case  of  a  vacancy  on  said  board  by 
death  or  resignation  of  a  member,  or  from  any  cause 
other  than  the  expiration  of  his  term  of  office,  the  board 
shall  elect  his  successor  who  shall  hold  office  until  the 
next  session  of  the  Legislature.  No  trustee  shall  receive 
any  pay  or  emolument  other  than  his  actual  expenses 
incurred  in  the  discharge  of  his  duties  as  such. 

265.  After  the  ratification  of  this  Constitution  there 
shall  be  paid  out  of  the  treasury  of  this  State,  at  the  time 
and  in  the  manner  provided  by  law,  the  sum  of  not  less 
than  thirty-six  thousand  dollars  per  annum  as  interest 
on  the  funds  of  the  University  of  Alabama,  heretofore 
covered  into  the  treasury,  for  the  maintenance  and  sup- 
port of  said  institution;  provided,  that  the  Legislature 
shall  have  the  power  at  any  time  they  deem  proper  for  the 
best  interest  of  said  University  to  abolish  the  military 
system  at  said  institution,  or  reduce  the  said  system  to 


IM  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

a  department  of  instruction,  and  that  such  action  on  the 
part  of  the  Legislature  shall  not  cause  any  diminution 
of  the  amount  of  the  annual  interest  payable  out  of  the 
treasury  for  the  support  and  maintenance  of  said  Uni- 
versity. 

266.  The  Alabama  Polytechnic  Institute,  formerly 
called  the  Agricultural  and  Mechanical  College,  shall  be 
under  the  management  and  control  of  a  board  of  trustees 
which  shall  consist  of  two  members  from  the  congres- 
sional district  in  which  the  institute  is  located,  and  one 
from  each  of  the  other  congressional  districts  in  the 
State,  the  State  superintendent  of  education,  and  the 
governor,  who  shall  be  ex-officio  president  of  the  board. 
The  trustees  shall  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  and  shall  hold 
office  for  a  term  of  twelve  years,  and  until  their  succes- 
sors shall  be  appointed  and  qualified.  The  board  shall 
he  divided  into  three  classes,  as  nearly  equal  as  may  be, 
so  that  one-third  may  be  chosen  quadrennially.  Vacancies 
occurring  in  the  office  of  trustees  from  death  or  resigna- 
tion, and  the  vacancies  regularly  occurring  in  the  year 
nineteen  hundred  and  five,  shall  be  filled  by  the  governor, 
and  such  appointee  shall  hold  office  until  the  next  meeting 
of  the  Legislature.  Successors  to  those  trustees  whose 
terms  expire  in  nineteen  hundred  and  three  shall  hold 
office  until  nineteen  hundred  and  eleven;  successors  to 
those  whose  terms  of  office  expire  in  nineteen  hundred  and 
five  shall  hold  office  until  nineteen  hundred  and  fifteen; 
and  successors  to  those  whose  terms  of  office  expire  in 
nineteen  hundred  and  seven  shall  hold  office  until  nineteen 
hundred  and  nineteen.  No  trustee  shall  receive  any  pay 
or  emolument  other  than  his  actual  expenses  incurred  in 
the  discharge  of  his  duties  as  such. 

267.  The  Legislature  shall  not  have  power  to  change 
the  location  of  the  State  University,  or  the  Alabama 
Polytechnic  Institute,  or  the  Alabama  School  for  the 
Deaf  and  Blind,  or  the  Alabama  Girls'  Industrial  School, 
as  now  established  by  law,  except  upon  a  vote  of  two- 
thirds  of  the  Legislature  taken  by  yeas  and  nays  and  en- 
tered upon  the  journals. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  165 

268.  The  Legislature  shall  provide  for  taking  a  school 
census  by  townships  and  districts  throughout  the  State 
not  oftener  than  once  in  two  years,  and  shall  provide  for 
the  punishment  of  all  persons  or  officers  making  false 
or  fraudulent  enumerations  and  returns ;  provided,  the 
State  superintendent  of  education  may  order  and  super- 
vise the  taking  of  a  new  census  in  any  township,  district 
or  county,  whenever  he  may  have  reasonable  cause  to 
believe  that  false  or  fraudulent  returns  have  been  made. 

269.  The  several  counties  in  this  State  shall  have  power 
to  levy  and  collect  a  special  tax  not  exceeding  ten  cents  on 
each  one  hundred  dollars  of  taxable  property  in  such 
counties,  for  the  support  of  public  schools;  provided, 
that  the  rate  of  such  tax,  the  time  it  is  to  continue,  and 
the  purpose  thereof,  shall  have  been  first  submitted  to  a 
vote  of  the  qualified  electors  of  the  county,  and  voted  for 
by  three-fifths  of  those  voting  at  such  election;  but  the 
rate  of  such  special  tax  shall  not  increase  the  rate  of 
taxation.  State  and  county  combined,  in  any  one  year,  to 
more  than  one  dollar  and  twenty-five  cents  on  each  one 
hundred  dollars  of  taxable  property ;  excluding,  however, 
all  special  county  taxes  for  public  buildings,  roads,  bridges 
and  the  payment  of  debts  existing  at  the  ratification  of  the 
Constitution  of  eighteen  hundred  and  seventy-five.  The 
funds  arising  from  such  special  school  tax  shall  be  so 
apportioned  and  paid  through  the  proper  school  officials 
to  the  several  schools  in  the  townships  and  districts  in  the 
county  that  the  school  terms  of  the  respective  schools 
shall  be  extended  by  such  supplement  as  nearly  the  same 
length  of  time  as  practicable ;  provided,  that  this  section 
shall  not  apply  to  the  cities  of  Decatur,  New  Decatur  and 
Cullman. 

270.  The  provisions  of  this  article  and  of  any  act  of 
the  Legislature  passed  in  pursuance  thereof  to  establish, 
organize  and  maintain  a  system  of  public  schools  through- 
out the  State,  shall  apply  to  Mobile  county  only  so  far  as 
to  authorize  and  require  the  authorities  designated  by 
law  to  draw  the  portions  of  the  funds  to  which  said  county 
shall  be  entitled  for  school  purposes  and  to  make  reports 
to  the  superintendent  of  education  as  may  be  prescribed 
by  law;  and  all  special  incomes  and  powers  of  taxation 


166  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

as  now  authorized  by  law  for  the  benefit  of  public  schools 
in  said  county  shall  remain  undisturbed  until  otherwise 
provided  by  the  Legislature;  provided,  that  separate 
schools  for  each  race  shall  always  be  maintained  by  said 
school  authorities. 


No.  21.)  AN  ACT  (S.  130. 

To  submit  to  the  qualified  electors  of  the  State  at  the 
general  election  to  be  held  in  November,  1916,  for  their 
consideration  an  amendment  to  the  Constitution  for  the 
purpose  of  authorizing  the  several  counties  of  the  State 
and  the  several  districts  of  any  county  to  levy  and  col- 
lect a  special  tax,  not  exceeding  thirty  cents  on  each  one 
hundred  dollars  worth  of  taxable  property  in  such  coun- 
ties and  in  the  several  districts  of  any  county,  under  such 
regulations  as  the  Legislature  may  have  prescribed  or 
may  hereafter  prescribe. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
1.  That  the  following  amendment  to  the  Constitution 
of  Alabama  is  proposed  to  be  submitted  to  the  qualified 
electors  of  the  State  for  their  ratification  or  rejection,  at 
the  general  election  to  be  held  in  November,  1916,  to-wit: 
Article  XIX,  Section  1.  The  several  counties  in  the  State 
shall  have  power  to  levy  and  collect  a  special  county  tax 
not  exceeding  thirty  cents  on  each  one  hundred  dollars 
worth  of  taxable  property  in  such  counties  in  addition 
to  that  now  authorized  or  that  may  hereafter  be  author- 
ized, for  public  school  purposes,  and  in  addition  to  that 
now  authorized  under  section  260  of  article  XIV  of  the 
Constitution ;  provided,  that  the  rate  of  such  tax,  the  time 
it  is  to  continue  and  the  purpose  thereof  shall  have  been 
first  submitted  to  the  vote  of  the  qualified  electors  of  the 
county,  and  voted  for  by  a  majority  of  those  voting  at 
such  election.  Section  2.  The  several  school  districts  of 
any  county  in  the  State  shall  have  power  to  levy  and  col- 
lect a  special  district  tax  not  exceeding  chirty  cents  on 
each  one  hundred  dollars  worth  of  taxable  property  in 


♦This  amendment  ratified  November,  1916. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  ICfr 

such  district  for  public  school  purposes ;  provided,  that  a 
school  district  under  the  meaning  of  this  section  shall 
include  incorporated  cities  or  towns,  or  any  school  district 
of  which  an  incorporated  city  or  town  is  a  part,  or  such 
other  school  districts  now  existing  or  hereafter  formed, 
as  may  be  approved  by  the  county  board  of  education; 
provided  further,  that  the  rate  of  such  tax,  the  time  it  is 
to  continue  and  the  purpose  thereof  shall  have  been  first 
submitted  to  the  vote  of  the  qualified  electors  of  the  dis- 
trict and  voted  for  by  a  majority  of  those  voting  at  such 
election;  provided  further,  that  no  district  tax  shall  be 
voted  or  collected  except  in  such  counties  as  are  levying 
and  collecting  not  less  than  a  three-mill  special  county 
school  tax.  Section  3.  The  funds  arising  from  the  special 
county  school  tax  levied  and  collected  by  any  county  shall 
be  apportioned  and  expended  as  the  law  may  direct;  and 
the  funds  arising  from  the  special  school  tax  levied  in 
any  district  which  votes  the  same  independently  of  the 
county  shall  be  expended  for  the  exclusive  benefit  of 
the  district,  as  the  law  may  direct. 


No.  92.)  (H.  200— Dickson. 

■     AN  ACT 

To  provide  for  the  acceptance  of  the  benefits  of  an  act 
passed  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America,  in  Congress  assembled,  to 
provide  for  the  promotion  of  vocational  education,  to  pro- 
vide for  the  appointment  of  a  State  board  of  vocational 
education,  and  to  provide  for  the  duties  thereof;  and  to 
make  appropriations  for  vocational  education. 

Be  it  enacted  by  the  Legislature  of  Alabama: 
1.  That  the  State  of  Alabama  hereby  accepts  all  of  the 
provisions  and  benefits  of  an  act  passed  by  the  Senate 
and  House  of  Representatives  of  the  United  States  of 
America,  in  Congress  assembled,  entitled  "An  act  to  pro- 
vide for  the  promotion  of  vocational  education ;  to  provide 
for  co-operation  with  the  states  in  the  promotion  of  voca- 
tional education;  to  provide  for  co-operation  with  the 


laS  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

states  in  the  promotion  of  such  education  in  agriculture 
and  the  trades  and  industries ;  to  provide  for  co-operation 
with  the  states  in  the  preparation  of  teachers  of  voca- 
tional subjects;  and  to  appropriate  money  and  regulate 
its  expenditure,"  approved  February  twenty-third,  nine- 
teen hundred  seventeen. 

2.  That  the  State  treasurer  is  hereby  designated  and 
appointed  custodian  of  all  moneys  received  by  the  State 
from  the  appropriations  made  by  said  act  of  Congress, 
and  he  is  authorized  to  receive,  and  to  provide  for  the 
proper  custody  of  the  same  and  to  make  disbursement 
thereof  in  the  manner  provided  in  the  act  and  for  the 
purpose  therein  specified.  He  shall  also  pay  out  any 
moneys  appropriated  by  the  State  of  Alabama  for  the 
purpose  of  carrying  out  the  provisions  of  this  act  upon 
the  order  of  the  State  board  of  vocational  education. 

3.  That  inasmuch  as  a  bill  is  now  pending  in  the  Legis- 
lature authorizing  the  creation  of  a  commission  to  study 
the  public  school  system  of  the  State  and  report  its  find- 
ings and  recommendations  to  the  Legislature,  the  State 
board  for  vocational  education  as  now  constituted  shall 
be  continued  until  the  report  of  said  commission,  if 
created,  shall  have  been  submitted  and  action  taken,  pro- 
vided that  in  the  event  no  action  shall  be  taken  by  the 
Legislature  of  1919  before  final  adjournment  that  there 
is  hereby  created  a  State  board  for  vocational  education 
to  consist  of  five  members  to  be  appointed  by  the  governor 
from  the  State-at-large.  The  term  of  office  of  the  mem- 
bers of  the  State  board  for  vocational  education  shall  be 
five  years  except  that  in  making  first  appointments  the 
governor  shall  designate  one  member  whose  term  of 
oflTice  shall  expire  September  thirtieth,  nineteen  hundred 
twenty;  one  member  whose  term  of  office  shall  expire 
September  thirtieth,  nineteen  hundred  twenty-one;  one 
member  whose  term  of  office  shall  expire  September  thir- 
tieth, nineteen  hundred  twenty-two;  one  member  whose 
term  of  office  shall  expire  September  thirtieth,  nineteen 
hundred  twenty-three,  and  one  member  whose  term  of 
office  shall  expire  September  thirtieth,  nineteen  hundred 
twenty-four.  Vacancies  occurring  from  death  or  resig- 
nation shall  be  filled  by  the  governor  for  the  unexpired 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  169 

terms.  The  members  of  the  State  board  for  vocational 
education  shall  serve  without  compensation,  provided 
that  they  shall  receive  actual  expenses  incurred  in  the 
discharge  of  their  duties. 

4.  That  the  State  superintendent  of  education  shall 
serve  as  executive  officer  of  the  State  board  for  voca- 
tional education  and  shall  designate,  by  and  with  the 
advice  and  consent  of  the  State  board  for  vocational  edu- 
cation, such  assistants  as  may  be  necessary  to  properly 
carry  out  the  provisions  of  this  act.  The  State  superin- 
tendent of  education  shall  also  carry  into  effect  such  rules 
and  regulations  as  the  State  board  for  vocational  educa- 
tion may  adopt  and  shall  prepare  such  reports  concerning 
the  condition  of  vocational  education  in  the  State  as  the 
State  board  for  vocational  education  may  require.  The 
State  superintendent  of  education  shall  maintain  an  office 
for  the  board  in  the  capitol  of  the  State  and  shall  keep  all 
the  records  of  the  board  in  that  office. 

5.  That  the  State  board  for  vocational  education  shall 
have  all  necessary  authority  to  co-operate  with  the  Fed- 
eral board  for  vocational  education  in  the  administration 
of  said  act  of  Congress;  to  administer  any  legislation 
pursuant  thereto  enacted  by  the  State  of  Alabama,  and 
to  administer  the  funds  provided  by  the  Federal  govern- 
ment and  the  State  of  Alabama  under  the  provisions  of 
this  act,  for  the  promotion  of  vocational  education  in 
agricultural  subjects,  trade  and  industrial  subjects,  and 
home  economics  subjects.  It  shall  have  full  authority  to 
formulate  plans  for  the  promotion  of  vocational  education 
in  such  subjects  as  an  essential  and  integral  part  of  the 
public  school  system  of  education  in  the  State  of  Alabama, 
and  to  provide  for  the  preparation  of  teachers  of  such 
subjects.  It  shall  have  authority  to  fix  the  compensation 
of  such  officials  and  assistants  as  may  be  necessary  to 
administer  the  Federal  act  and  this  act  for  the  State  of 
Alabama  and  to  pay  such  compensation  and  other  neces- 
sary expenses  of  administration  from  funds  appropriated 
in  this  act.  ft  shall  have  authority  to  make  studies  and 
investigations  relating  to  vocational  education  in  such 
subjects ;  to  promote  and  aid  in  the  establishment  by  local 
communities  of  schools,  departments,  or  classes  giving 


170  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

training  in  such  subjects;  to  co-operate  with  local  com- 
munities in  the  maintenance  of  such  schools,  departments, 
or  classes;  to  prescribe  qualifications  for  the  teachers, 
directors  and  supervisors  of  such  subjects,  and  to  have 
full  authority  to  provide  for  the  certification  of  such  teach- 
ers, directors  and  supervisors ;  to  co-operate  in  the  main- 
tenance of  classes  supported  and  controlled  by  the  public 
for  the  preparation  of  teachers,  directors  and  supervisors 
of  such  subjects  or  to  maintain  such  classes  under  its 
own  direction  and  control;  to  establish  and  determine  by 
general  regulations  the  qualifications  to  be  possessed 
by  persons  engaged  in  the  training  of  vocational  teachers. 

6.  That  the  State  board  for  vocational  education  shall 
hold  at  least  five  stated  meetings  per  year  as  follows :  On 
the  first  Tuesday  of  the  months  of  October,  December, 
February,  April  and  July,  and  at  such  other  times  as 
may  be  designated  by  the  executive  officer  of  the  board  or 
upon  the  request  in  writing  of  a  majority  of  the  members 
of  the  board.  The  stated  meetings  of  the  board  shall  be 
held  in  the  office  of  the  State  superintendent  of  educa- 
tion. At  the  first  stated  meeting  in  October  of  each  year, 
the  Board  shall  elect  one  of  its  members  to  serve  as 
chairman. 

7.  That  the  board  of  education  of  any  county  or  of 
any  incorporated  town  of  2,000  inhabitants  or  more  may 
co-operate  with  the  State  board  for  vocational  education 
in  the  establishment  of  vocational  schools  or  classes  giving 
instruction  in  agricultural  subjects,  in  trade  or  indus- 
trial subjects  or  in  home  economics  subjects  and  may  use 
any  moneys  raised  by  public  taxation  in  the  same  manner 
as  moneys  for  other  school  purposes  are  used  for  the 
maintenance  and  support  of  public  schools. 

8.  That  the  State  of  Alabama  shall  appropriate  a  sum 
of  money  available  for  each  fiscal  year  not  less  than  the 
maximum  sum  which  may  be  allotted  to  the  State  of  Ala- 
bama for  the  purpose  set  forth  in  the  said  Federal  act  and 
that  there  is  hereby  appropriated  out  of  any  moneys  in 
the  treasury  not  otherwise  appropriated  "for  the  fiscal 
year  ending  September  30,  1919,  the  sum  of  twenty-five 
thousand  dollars,  this  sum  being  approximately  the  pro- 
portionate part  of  the  funds  accruing  to  the  State  from 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  171 

the  time  of  the  passage  of  this  act  until  the  end  of  the 
present  fiscal  year;  for  the  year  ending  September  30, 
1920,  the  sum  of  sixty-six  thousand  dollars;  this  sum 
being  the  estimated  amount  required  to  match  Federal 
funds  for  said  year. 

9.  That  the  moneys  appropriated  by  section  eight  of 
this  act  shall  be  used  by  the  State  board  for  vocational 
education  for  the  promotion  of  vocational  education  as 
provided  for  in  the  Federal  act  and  for  the  purposes  set 
forth  in  this  act. 

10.  That  the  State  board  for  vocational  education  shall 
make  a  report  annually  to  the  governor  setting  forth 
the  condition  of  vocational  education  in  the  State  of  Ala- 
bama, a  list  of  the  schools  to  which  Federal  and  State  aid 
has  been  given,  and  a  detailed  statement  of  the  expendi- 
tures of  Federal  funds  and  the  State  funds  provided  in 
section  eight  of  this  act. 

11.  That  all  laws  and  parts  of  laws  in  conflict  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

12.  That  this  act  shall  take  effect  upon  its  passage  and 
approval  by  the  governor. 

Approved  February  15,  1919. 


No.  21.)  AN  ACT  (S.  89. 

To  provide  for  the  appointment  of  a  commission  to 
make  a  study  of  the  public  school  system  of  Alabama  and 
to  make  an  appropriation  therefor. 

Be  it  enacted  by  the  Legislature  of  Alabama: 

1.  That  the  governor  shall  appoint  a  commission  of  five 
persons,  all  of  whom  shall  serve  without  compensation, 
to  make  a  study  of  the  public  educational  system  of  Ala- 
bama, including  all  schools  and  educational  institutions 
supported  in  whole  or  in  part  from  public  funds,  to  de- 
termine the  efficiency  of  the  same  and  to  report  its  find- 
ings with  recommendations  for  increased  efficiency,  and 
economy  to  the  governor  on  or  before  July  1,  1919. 

2.  That  the  said  commission  is  empowered  to  employ 
assistance  in  the  several  fields  of  public  education  in 


172  PUBLIC  SCHOOL  LAWS  OF  ALABAMA 

which  the  State  is  engaged  and  shall  supply  such  clerical 
help  and  equipment  as  shall  be  necessary. 

3.  That  the  said  commission  and  its  employees  shall 
have  free  access  to  all  public  records.  All  public  school 
and  educational  institutions,  teachers,  instructors,  facul- 
ties, officers  and  employees  shall  furnish  all  information 
and  assistance  in  their  power  in  making  such  a  study  as 
is  contemplated  under  this  act.  The  members  of  said 
commission  and  their  assistants  shall  have  power  to  re- 
quire the  production  of  papers  and  records  and  are  hereby 
empowered  to  administer  oaths.  In  case  any  person  sum- 
moned by  any  member  of  such  commission  or  any  assist- 
ants of  such  commission  shall  fail  or  refuse  to  obey  such 
process  or  to  testify  before  such  commission  or  any  as- 
sistants of  such  commission,  the  said  commission  or  any 
assistants  of  such  commission  may  apply  to  any  court  of 
record  of  this  State  to  compel  obedience  and  to  give  testi- 
mony and  the  said  courts  are  hereby  empowered  to  en- 
force obedience  to  such  process. 

4.  That  said  commission  shall,  in  addition  to  other 
work  specified  by  this  act,  direct  special  attention  to  the 
feasibility  and  advisability  of  consolidating  any  of  the 
existing  State  educational  institutions  or  departments 
thereof,  of  eliminating  any  institution  or  institutions,  and 
of  co-ordinating  and  unifying  the  work  of  any  or  all  insti- 
tutions under  one  board  of  management  and  control. 

5.  That  there  is  hereby  appropriated  out  of  any  money 
in  the  treasury  not  otherwise  appropriated  the  sum  of 
$10,000,  or  so  much  thereof  as  may  be  necessary  for  the 
purpose  of  defraying  the  cost  of  the  study  herein  author- 
ized, including  the  personal  and  traveling  expenses  of  the 
members  of  said  commission,  the  salary  and  expenses  of 
the  necessary  help  and  of  such  other  expenses  as  in  the 
opinion  of  said  commission  are  necessary  for  the  thorough 
study  of  school  conditions  in  Alabama,  provided  that  for 
the  fiscal  year  beginning  October  1,  1919,  and  for  that 
year  only,  the  legislative  appropriation  for  the  public 
schools  as  provided  by  statute  shall  be  reduced  in  an 
amount  equal  to  the  amount  actually  expended  of  the 
above  appropriation  of  $10,000  as  shown  by  the  books  in 
the  office  of  the  State  auditor ;  provided  further,  that  the 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA  17» 

said  fund  shall  be  paid  out  upon  warrants  of  the  State 
auditor,  issued  upon  requisitions  of  the  State  superin- 
tendent of  education  and  having  attached  thereto  item- 
ized statements  of  said  expenditures. 
Approved  February  6,  1919. 


INDEX 


Section.  Page. 

AGENT,  LAND 158 

AGRICULTURAL  SCHOOLS  (Note) _.._  73 

ALABAMA  EDUCATION  COMMISSION 171-173 

ALABAMA  GIRLS  TECHNICAL  INSTITUTE 1912-32     102-108 

Constitution 267 

ALABAMA  ILLITERACY  COMMISSION-..- .„.„    159-160 

ALABAMA  INDUSTRIAL  SCHOOL  (for  boys )..... .1954-70     115-120 

ALABAMA  INSTITUTE  FOR  DEAF  AND  BLIND 

(white  and  colored) 1933-53     108-115 

ALABAMA  POLYTECHNIC  INSTITUTE 1899-1911       98-101 

Constitution 266-7 

ALABAMA,  UNIVERSITY  OF ....„ 1869-89         89-97- 

Testing  laboratory  for  cement _ 1893 

Summer  school  _ 1894-8 

Constitution    264-5,  267 

AMENDMENT   TO   CONSTITUTION   PROVIDING 

FOR  LOCAL  TAX 166-167 

APPORTIONMENT  OF  SCHOOL  FUND,  DIS- 
BURSEMENT  1760-80         46-51 

State  auditor  certifies  amount  of  educational 
fund;  Superintendent  of  education  appor- 
tions  1760 

Contingent  expenses  and  amount  for  normal 

schools  set  apart;  residue  apportioned 1761 

Amount  apportioned  certified  to  auditor;  no 
warrants  drawn  in  excess;  balance  unap- 
portioned  certified  to  treasurer 1762 


176 


INDEX. 


Section. 
Superintendent     must     certify     and     report 
amount  of  school  fund  apportioned  to  the 
several   counties   to   the   county    superin- 
tendent   __ 1763 

Interest  on  trust  funds  first  set  apart;  effect  of 

apportionment    _ 1764 

Apportionment  to  districts _.1765 

Report  of  apportionment  by  county  board 1766 

County  board  to  keep  record  of  apportionment...!  767 
Apportionment    recorded    and    certified;    con- 
tracts invalid    _ 1768 

Poll  tax  received  by  each  county „ 1769 

Apportioned  and  certified  to  auditor. 1770 

Apportionment  and  expenditure  of  local  school 

money „ 1776 

Apportionment   of    income   from   trust   fund 

when  township  divided 1777 

Fund   once   apportioned,    not   used    otherwise 

until  reapportioned  1778 

Income  new  districts  are  entitled  to 1779 

Contingent  fund  for  department  of  education...l780 

APPROPRIATIONS  FOR  PUBLIC  SCHOOL 

FUNDS,  WHEN  ACCRUE _!l678 

Placed  to  credit  of  educational  fund _ 1679 

BLIND,  ALABAMA  INSTITUTE  FOR  DEAF  AND 

(white  and  colored) 1933-53 

BOARDS  OF  EDUCATION,  AUTHORIZING  WOM- 
EN TO  SERVE  ON _ .„ „ 


Page. 


BOARDS  OF  EDUCATION,  COUNTY „. 

BOARDS  AND  OFFICERS  OF  PUBLIC  SCHOOLS...1680 

BONUS,  SPECIAL  APPROPRIATION „. 

BOOK     COMMISSION,     TEXT,     MEMBERS,     AP- 
POINTMENT  1805-50 

(See  Textbook  Commission,  etc.) 

BOYS,  ALABAMA  INDUSTRIAL  SCHOOL 

FOR  _.. 


3-4 
4-5 

108-115 

15 

10-14 

5 

61-62 

74-86 


1954-70     115-120 


INDEX. 


177 


Section. 

CENSUS  OR  ENUMERATION  OF  SCHOOL  CHIL- 
DREN   „. '. _„..1717-8 

(See  Enumeration  or  census  of  school  children.) 

CHILD  LABOR  LAW 

Act  providing  for  schools 


CHILDREN  AND  PUPILS  ELIGIBLE  TO  PUBLIC 

SCHOOLS 1755-7 

Pupiis  entitled  to  instruction 1755 

Non-residents  entitled  to  school  privileges 1756 

Separate  schools  for  the  two  races 1757 

CITY  AND   TOWN   SCHOOLS   UNDER   MUNICI- 
PAL GOVERNMENT  1348-58 

(See  Municipal  Government,  etc.) 

COMMISSION,  ALABAMA  ILLITERACY 


COMMISSION,  TEXTBOOK,  MEMBERS,  AP- 
POINTMENT    „ „...„ 1805-50 

(See  Textbook  Commission,  etc.) 

COMPULSORY  SCHOOL  ATTENDANCE  ACT _.... 


CONSTITUTION,  EDUCATION  ARTICLE  OF 256-270 

Census,  Legislature  to  provide  for  school 268 

Children,  school  age  of _ — 256 

Funds  for  schools,  how  apportioned _  256 

Funds  for  schools,  principal  to  be  kept  invio- 
late   257 

Funds  for  school,  interest,  how  applied —  257 

Funds  for  schools,  sources  of  (State) — » 260 

Lands  given  schools,  how  applied 258 

Location    of    certain    institutions    not    to  be 

changed,  exception 267 

Mobile  county,  how  affected  by  Constitution 270 

Moneys,  all  applied  to  pay  of  teachers  except 

four  per  cent 261 

Poll  taxes  to  be  applied  to  school  support 259 

Polytechnic  Institute,  control  and  management  266 
Sectarian  or  denominational  schools  excluded 

from  public  funds _ —  263 


Page. 
23-25 

134-143 
132 

38 


128-134 


159-160 


74-86 


38-45 


161-166 


178 


INDEX. 


Section. 

Taxation  for  schools,  special  by  counties 269 

Taxation  for  schools  by  State,  rate  of 260 

University  of  Alabama,  control  and  manage- 
ment of 264 

University  of  Alabama,  financial  support  of 265 

Local  School  Tax  Amendment 

COUNTY  BOARDS  OF  EDUCATION,  ELECTION 

POWERS,  DUTIES,  ACT _.._ 129 


Page. 


COUNTY  HIGH  SCHOOLS 

(See  High  Schools  for  counties.) 


„1861-7 


COUNTY  SUPERINTENDENT  OF  EDUCATION  1702-9 

One  elected  for  each  county „ 1702 

Term  of  office;  removal _ _ _ 1703 

Oath  of  office  and  bond 1704 

Approval  and  record  of  bond 1705 

New  or  additional  bond _ 1706 

Duties „ 1707 

Failure  to  make  annual  reports 1708 

Books  and  accounts  liable  to  examination 1709 

Vacancies,  how  filled;  term,  etc.,  of  appointees_1710 

Compensation   _ 1711 

And  an  act  further  prescribing  the  powers  and 

duties  and  fixing  the  compensation 

Proceedings  for  and  against  (Civil  Code)... 5940-5 

COUNTY    TREASURER     OF    PUBLIC     SCHOOL 

FUNDS,  Act  creating „.„ „ 

CRIMINAL    PROVISIONS    OF    PUBUC    SCHOOL 

LAW 

Injuring  or  defacing  public  or  private  property  6413 
Disturbing  people  met  for  school  purposes  or 

holiday   .._ „ „ 6769 

Embezzlement    by    using    school    money    for 

other  than  school  purposes 6834 

Shooting,    throwing,    etc.,    into   dwelling  and 

other  houses _._ 6897 

Stealing  examination  questions,  penalty 7750 

Use  of  other  than  contract  books  in   public 

schools    „ 7751 


166-167 

10-14 
8e-87 

20-22 


17 

35-37 


INDEX.  17« 

Section.  Page. 

Charging  more  than  contract  prices  for  school 

books 7752 

Textbook  provisions,  violation,  penalty 7753 

Schoolhouse  warrants   or   proceeds;   wrongful 

application  of;  penalty — 7754 

False  or  fraudulent  enumeration,  penalty 7755 

DEAF  AND  BLIND,  ALABAMA  INSTITUTE  FOR 

(white  and  colored) 1933-53     108-115 

Constitution    267 

DISPOSITION  OF  PROPERTY  OF  EDUCATION- 
AL CORPORATIONS    _....    151-153 

DISTRICT  AGRICULTURAL  SCHOOLS  (Note) 73 

EDUCATION  ARTICLE  OF  CONSTITUTION 256-270     161-166 

(See  Constitution,  Education  article  of.) 

EDUCATION,    AUTHORIZING    WOMEN    TO 

SERVE  ON  BOARDS  OF _...„ „.„ „.,  15 

EDUCATION,  COUNTY  BOARD  OF 1712-6        10-14 

(See  County  Board  of  Education.) 

EDUCATION,     COUNTY     SUPERINTENDENT 

OF 1704-11         19-22 

(See  County  Superintendent  of  Education.) 

EDUCATION,  STATE  SUPERINTENDENT  OF 1681-8        20-22 

(See  Superintendent  of  Education.) 

ENUMERATION  OR  CENSUS  OF  SCHOOL  CHIL- 
DREN  — - 1717-8         23-25 

Census  or  enumeration — 1717 

Compensation  of  enumerators _ — — 1717 

False  or  fraudulent  enumeration 7755 

EXAMINATIONS  IN  PUBLIC  SCHOOLS _.« 1758  46 

EXAMINATION   OF  TEACHERS 1719-50         25-34 

(See  Teachers,  qualifications,  license,  etc.) 


180  INDEX. 

Section.  Pag&. 

FUND,  APPORTIONMENT   OF   SCHOOL,   DIS- 
BURSEMENT     „. 1760-80         46-51 

(See  Apportionment  of  school  fund,  etc.) 

FUNDS,  COUNTY  TREASURER  OF  PUBLIC 

SCHOOL,  Act  creating _„  IT 

FUNDS,  PUBLIC  SCHOOL 1678  3-4 

GIRLS  TECHNICAL  INSTITUTE,  ALABAMA 1912-32     102-108 

Constitution    „ —  267 

HIGH  SCHOOLS  FOR  COUNTIES ...„ _....1861-7        86-87 

Commission  to  locate  and  establish 1861 

Sites  procured,  donations  paid  quarterly..^ _ 1862 

Controlled   by   High   School    Commission   and 

county  board  of  education _ _ 1863 

Free   school   and   office   of   trustee   not  abol- 
ished  1864 

Qualifications  and  eligibility  of  teachers  and 

students   1865 

Course  of  study 1866 

Matriculation  fee  — 1867 

And  an  act  authorizing   cities  and   towns   to 

convey  real  and  personal  property  to 8& 

And  an  act  authorizing  boards  of  revenue,  etc., 

to  appropriate  funds — — —    —  87 

ILLITERACY  COMMISSION,  ALABAMA ___    159-160 

INDUSTRIAL  SCHOOL  FOR  BOYS,  ALABAMA...1954-70     115-120 

INCORPORATED     CITIES     SEPARATE     DIS- 
TRICTS    1693  le 

INSTITUTE,  ALABAMA  GIRLS  TECHNICAL 1912-32     102-108 

Constitution __ „ _...  267 

INSTITUTE,  ALABAMA  POLYTECHNIC _....1899-1911      98-101 

Constitution „ 266-7 

INSTITUTE  FOR  DEAF  AND  BLIND,  ALABAMA 

(white  and  colored) „ 1933-53    108-115 

Constitution    _ _„ _. 267 


INDEX.  181 

Section.  Page. 

INSTITUTES,  TEACHERS' 149-151 

INTEMPERANCE,    PROVIDING    FOR    INSTRUC- 
TION ON  THE  EVILS  OF 144-145 

LABOR  LAW,  CHILD 134^143 

Act  providing  for  schools „ 

LAND  AGENT    „„ 158 

LANDS,  SCHOOL,  LEASE  AND  SALE 1781-1804         62-69 

(See  school  lands,  lease  and  sale.) 

Sale  of  rural  schoolhouse  lands _ 69 

LIBRARIES,  Act  providing  for  rural ™     ......     146-149 

LOCAL  TAX,  AMENDMENT  TO  CONSTITUTION 166-169 

MINES  AND  MINING,  PREPARATORY  SCHOOL 

FOR    -...- ._...1971-4    120-121 

MOBILE    COUNTY,    PROVIDING  FOR  SPECIAL 

TAX  LEVY 144 

MUNICIPAL  GOVERNMENT,  CITY  AND  TOWN 

SCHOOLS  UNDER  „ 1348-58     128-134 

Schools,  regulation  of 1348 

Board  of  education 1349 

EHection  of  officers  of  board  of  education „....1350 

School  property  _ 1351 

Appropriation  _. 1352 

Control - 1353 

Superintendent  of  schools 1354 

Board  of  education  of  toAvns  having  over  one 
thousand  and  less  than  six  thousand  in- 
habitants     _ - 1355 

School  districts  _ - — 1356 

Libraries _ — 1358 

Municipalities  exempt  from  school  law 1357 

MUNICIPAL  CODE,  Sec.  1355  amended _  14 

NORMAL  SCHOOLS  (Note) -.-.  70 

Act   creating   board   of  trustees   for    normal 

schools _.... _- 71-73 


182  INDEX. 

Section.  Page. 

NORTHEAST  ALABAMA  AGRICULTURAL  AND 
INDUSTRIAL  INSTITUTE,  LINE- 
VILLE 153-155 

OFFICERS  AND  BOARD  OF  PUBLIC  SCHOOLS 1680  5 

PERIODS,  SCHOLASTIC 1759  46 

POLYTECHNIC  INSTITUTE,  ALABAMA 1899-7911       98-101 

Constitution 266-7 

PROCEEDINGS  FOR  AND  AGAINST  COUNTY 
SUPERINTENDENTS     OF     E  D  U  C  A  - 

TION  5940-5     127-128 

Against  county  superintendent  for  balance  in 

his  hands  _ 5940 

Authority  to  employ  counsel _ 5941 

Notice  _ 5942 

Transcript  of  superintendent  of  education  evi- 
dence     __ 5943 

Time  and  manner  of  trial _ 5944 

In  favor  of  teachers  for  money  due  them; 
court  and  notice;  appeal  from  justice's 
court  ~ 5945 

PROPERTY  OF  EDUCATIONAL  CORPORATIONS, 

DISPOSITION  OF   _ 151-153 

PUBLIC  SCHOOL  FUND 1678  3-4 

When  appropriations  accrue;  placed  to  credit 

of  educational  fund 1 679 

PUBLIC  SCHOOL  FUND,  APPORTIONMENT 1760-80        46-51 

(See  Apportionment  school  funds,  etc.) 

PUBLIC     SCHOOLS,     CHILDREN    AND     PUPILS 

ELIGIBLE  TO    _.... 1755-7  38 

PUBLIC  SCHOOLS,  EXAMINATION  IN 1758  46 

PUBLIC    SCHOOLS,   OFFICERS    AND    BOARDS 

OF  „ _ 1680  5 

PUBLIC  SCHOOL,  SPECIAL  TAX  FOR 1851-60        52-61 

(See  Tax  for  public  schools,  special,  etc.) 


INDEX.  188 

Section.  Page. 

REDISTRICTING    ACT    NOT    APPLICABLE    TO 

CERTAIN  CITIES  _ 16 

REFORM  SCHOOL  FOR  JUVENILE  NEGRO  LAW- 
BREAKERS,  MT.   MEIGS „ 155-158 

REFORM  SCHOOL  FOR  WHITE  BOYS. (See  Ala- 
bama  Industrial   School) 1954-70     115-120 

SALE  AND  LEASE  OF  SCHOOL  LANDS _ 1781-1804         62-69 

(See  School  lands,  lease  and  sale.) 

SALE  OF  RURAL  SCHOOLHOUSE  LAND 69 

SCHOLASTIC  PERIODS 1759  46 

SCHOOL   CHILDREN,   CENSUS    OR   ENUMERA- 
TION   -..„ _: 1717-8        23-25 

(See  enumeration  or  census  of  school  children.) 

SCHOOLS,  COUNTY  HIGH 1861-7        86-87 

(See  High  schools  for  counties.) 

SCHOOL  DISTRICTS  NOT  AFFECTED  BY  COUN- 
TY LINES    1694  16 

SCHOOL  FOR  MINES  AND  MINING,  PREPARA- 
TORY  „ 1971-4     120-121 

SCHOOL  FUND,  PUBLIC .„„ 1678  3-4 

When  appropriations  accrue,  placed  to  credit 

of  educational  fund .„ „ 1679 

SCHOOL  LANDS,  LEASE  AND  SALE 1781-1804        62-69 

What  are  school  lands  and  in  whom  vested 1781 

Sale   of   school   and  indemnity  land^   author- 
ized    „ ,...„ - 1782 

Consent  of  inhabitants  to  sale  of  land 1783 

Resale  of  land _ 1784 

Proceeds  of  sale,  how  disposed  of „ 1785 

Notes  taken,  placed  with  attorney  general 1786  • 

Manner  and  terms  of  sale 1787 

Timber  lots   reserved 1 788 

Timber  lots,  how  used 1789 

Penalties  for  injuries  to  timber 1790 


184  INDEX. 

Section.  Page. 

Fines  paid  into  treasury  for  school  fund 1791 

Certificate  of  purchase _ 1792 

Effect  of  certificate  of  purchase „ 1793 

Revesting  of  title;    clerk   to   certify,   penalty, 

costs 1794 

Fines  to  go  to  school  fund _ _ 1795 

Patents  .._ 1796 

Issue  of  patent;  correction  of  mistake 1797 

Issue  of  patents  in  other  cases _ _ 1798 

Collection  of  past  due  notes _ 1799 

Agents  for  collection  of  notes 1800 

Township  credited  with  collection  on  notes..„ 1801 

Proceeds  covered  into  treasury;  State  pledged 

for  payment  of  interest -..-._ 1802 

Lease  of  school  and  indemnity  lands 1803 

Board  of  compromise ...._ -~ 1804 

SCHOOLS,   OFFICERS   AND   BOARDS    OF   PUB- 
LIC   „ -. 1680  5 

SCHOOLS  IN  MANUFACTURING  DISTRICTS „    145-146 

SCHOOLHOUSE,  Act  amending  Article  31,  Chapter 

41,  Code  1907 122-127 

SPECIAL  TAX  FOR  PUBLIC  SCHOOL,  1  MILL...1851-60         58-61 
(See  Tax  for  public  schools,  special.) 

SUPERINTENDENT  OF  EDUCATION,  STATE 1681-8  5-10 

Term  of  office,  salary _ „ 1681 

Oath  of  office,  bond . 1682 

Office  and  books,  papers  and  records 1683 

Clerks  and  their  salaries 1684 

Duties _ -...„..: 1685 

Report  to  •  governor,  contents 1686 

Report  to  be  printed  and  distributed 1687 

Vacancy  filled  by  governor;  term,  etc.,  of  ap- 
pointee    ...1688 

TAX,  AN  ACT  TO  AUTHORIZE  3  MILL  COUNTY 

AND  DISTRICT „.    „.„        52-58 


INDEX.  186 

Section.  Page. 

TAX  AMENDMENT  TO  CONSTITUTION,  LOCAL. 166-167 

TAX   FOR   PUBLIC    SCHOOLS,   ELECTION   FOR 

SPECIAL,  1   MILL 1851-60         51-61 

Petition  for  call  for  election 1851 

Notice  and  publication _ .„ 1852 

Managers  and  officers  of  election 1853 

Qualified  electors,  etc 1854 

Ballot,  form  and  manner  of  voting 1855 

Special  tax  levied  and  assessed _ 1856 

Time  tax  continues .„ 1857 

How  collected  and  disbursed — — 1858 

Time  of  election  and  costs — 1859 

Compensation  of  tax  collector,  assessor,  and 

county  superintendent    „ 1860 

Instruction  for  disbursing  (Note) —  18 

TEACHERS'  INSTITUTES  149-151 

TEACHERS'  QUALIFICATIONS,  LICENSE,  POW- 
ERS, DUTIES 1719-50         25-34 

Board  of  examiners 1719 

List  of  questions  prepared. 1721 

Stealing  examination  questions;  penalty. 7750 

Times  for  examinations  for  teachers 1722 

Examination  in  counties,   by   whom   and   how 

conducted  - 1724 

Examination  fees  — - 1725 

Compensation  of  Board  of  Examiners 1726 

Compensation  of  county  examiners 1727 

Teachers  shall  not  receive  assistance - 1728 

Statement  signed  by  teachers -_ 1729 

Applicant  must  be  of  good  moral  character 1730 

Habitual   use   of  intoxicants   or  profane  lan- 
guage  — 1731 

Grades  of  certificates 1732 

Percentage  and  certificate  required - 1733 

Branches  of  learning  examined  upon — 1734 

Examination   shall  be  written,  kind  of  paper 

and  ink  to  be  used 1735 


186 


INDEX. 


Section.  Page. 

Examination    papers    delivered    to  examiner, 

transmission  to  board. 1736 

Board  examines  and  grades  papers _. 1737 

Certificates  issued 1738 

Examination  papers  kept  on  file  six  months 1739 

Lifetime  of  certificates 1740 

Life  certificates 1741 

Revoking  certificate  .._ _ 1 743 

Register  of  licensed  teachers 1744 

Separate  districts    _._ ;. 1745 

Instruction  as  to  the  nature  of  alcoholic  drinks 

and  narcotics 1 746 

Teaching  agriculture  in  public  schools 1747 

Register  kept  by  teacher  and  submitted 1748 

Monthly  report;  not  entitled  to  compensation 

till  forwarded 1 749 

To  be  paid  monthly „ 1750 

And  an  act  authorizing  the  issuance  of  certifi- 
cates to  graduates  of  certain  institutions 
of  higher  learning   and   the    extension   of 

certificates  held   „ 32-33 

Emergency  certificates  valid  until  July,  1919 „  34 


TEACHERS    UNDER    SEVENTEEN    YEARS    OF 
AGE  NOT  ELIGIBLE  TO  EMPLOYMENT 


160 


TECHNICAL  INSTITUTE,  ALABAMA  GIRLS 1912-32 

Constitution    _ 267 


102-108 


TEXTBOOK  COMMISSION,  MEMBERS,  APPOINT- 
MENT     ....„ 1805-50 

How  constituted  1805 

Oath  of  commissioners 1806 

Organization  _ 1807 

Duties  _ 1808 

Unlawful  to  use  other  books  than  those  se- 
lected  - _ 1809 

Branches  of  study 1810 

Partisan  or  sectarian  books  forbidden 1811 

Books  may  be  dropped 1812 


74-86 


INDEX.  187 

Section.  Page. 

Quality  and  merit  to  control  in  selection _ 1813 

Desirable  books  when  price  too  high 1814 

Advertisement  for  bids 1815 

Bids,  specifications,  requisites  and  contents  of...l816 

Deposits  as  security  for  performance  of  bids 1817 

Bids  sealed  and  deposited 1818 

Bids    opened     and    examined,    and    contracts 

awarded   1819 

Notifications  to  publishers „_ 1820 

Contract,  execution,  preparation,  filing 1821 

Bond    of    contractor,    preparation,  execution, 

conditions „ 1822 

Deposits  returned _.. 1823 

Failure  to  execute  contract  or  bond 1824 

Recovery  on  bond 1825 

Books  furnished  must  be  equal  to  specimens 1826 

Secretary  of  State  preserves  samples 1827 

Contract  and  exchange  price  printed  on  back 

of  books _.. 1828 

Prices  for  this  State  shall  not  exceed  prices 

for  other  states „„ 1829 

Changing  or  altering  contract 1830 

Majority  controls  „ 1831 

State  not  liable  to  any  contractor „ 1832 

Old  books  exchanged  for  new 1833 

Rejecting  bids  or  proposals 1834 

Readvertisement  for  bids 1835 

Bids  for  copyright  and  manuscripts 1836 

Manuscript  or    printed  form  of  matter  pro- 
posed to  be  incorporated  in  book 1837 

Proclamation    of    governor    announcing    con- 
tract    „ _ „ 1838 

Three  depositaries  or  places   of   sale   in   each 

county _ 1839 

Contract  price  printed  on  books 1840 

Distribution  of  books... „ 1841 

Commission  continues  for  five  years;  new  ap- 
pointed   .„ 1842 

List  of  books,  agencies,  and  prices  furnished 

to  county  superintendent 1843 


188  INDEX. 

Section.  Page. 

Supplementary  textbooks,  etc _ 1 844 

Other  books  used  upon  failure  to  furnish  those 

adopted    _ _._ ......1845 

Appropriation  1846 

Compensation  of  commissioners _„ 1847 

Clerk ;  compensation 1848 

Books  adopted  continue  five  years 1849 

Failure  to  furnish  books,  contract  for  unex- 
pired term „ 1850 

TOWN  AND  CITY  SCHOOLS  UNDER  MUNICIPAL 

GOVERNMENT  1348-58     128-134 

(See    Municipal    government,    town  and  city 
schools  under.) 

TOWNSHIPS  ABOLISHED  1689  9 

TOWNSHIPS  AND  SCHOOL  DISTRICTS  INCOR- 
PORATED     1690  10 

TREASURER     OF     PUBLIC     SCHOOL     FUNDS, 

COUNTY,  Act  creating 17-18 

UNIVERSITY  OF  ALABAMA 1869-89        89-97 

Testing  laboratory  for  cement 1893 

Summer  school 1 894-9 

Constitution    „„.264-5,  267 

VACANCY,  Act  providing   for   filling    vacancies    in 

city,  county,  or  State  offices 143 

VOCATIONAL  EDUCATION  ACT,  providing  appro- 
priation to  match  Federal  funds 167-171 

WOMEN  TO   SERVE   ON  BOARDS   OF  EDUCA- 
TION, AUTHORIZING  —  15 


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